The Study On The Constitutionalism Issues Of Government Budget

Government budget is not only economy - political issues, but rather a constitutional problem. Modern budget system originates the rising of representative democracy. And the progress of democracy has close relations to the people's controlling of the government's money. If parliamentary system is the foundation of modern democracy, then budget is the cause of this foundation. Along with the progressing of the democracy, the functions of government and public expenditure become gradual expansion. Therefore, the nature of budget and the role of government have a great change. The function of government budget tends to diversification, from the negative to positive, and its content is also become more and more enrich. At the same time, the budget system is not only a mean of democracy, but also plays an effective role in formatting the economic policy and distributing resources. In a country under the rule of law, the government budget is the main paper which contains the plans of government. On the one hand, it shows that what the government should to and what the government has done; on the other, it shows that how many resources were consumed and the people whose benefits and burdens increased. The government budget system has its functions in the four main areas: the distribution of resources , administrative control and democratic supervision, efficiency and balance and the just distribution of resources. Government budget has great significance in securitizing people's ordinary living and basic rights. And in our country, the economic system, education, culture , environmental protection and so on are highly dependent on government budget, so the government budget also should emphasize in the areas of the people's basic rights and the executive pay.The executive branch budget for the first time the formation of a judgement of the legislative branch must be respected.In theory and practice, the power to propose bills of budget is the power of Executive The bills of budget is only a financial program which the executive proposed in order to be agreed by the legislature so that it can implement different policies. If the legislature agreed, then it would give the financial support in the context of budget. The executive is responsible to make and implement the financial revenues and monetary and economic policies. This can not only avoid imbalances, but accordance with the principles of the separation of powers and the sovereignty of the people. Consideration of the budget before the draft budget is only for the executive branch to the legislature's consent to a policy of financial resources required for the expression of the financial plan. The legislature for the passage of the budget, which means that in the budget adopted by the context, the right to agree with the launch and operation, and the money needed to finance.The consideration of budget is attributed to the Legislature in modern democratic country., so the budget institution is a mechanism of controlling the executive power. Budget and legislative powers are different. The legislature for public purposes only "expenditures" or "taxation", the public interest is the exercise of the right to the limits of the budget. In the budgeting phase, as the executive arm of the non-elected public demand for the feelings of the people do not sharp, it is necessary to adopt the budget review process in an effective representative for supervision, and can be fully responsive to the needs of the people.They are isolated and tied each other. It means that they have equivalent but different authority. Tax and Expenditure is only for public interest which is the boundary of the consideration of budget. Through the deliberations of budget we can supervise the executive power, restricting the expansion of executive power and avoiding excessive expansion of government expenditure which would increase the people's burden of tax. Similarly, results of the implementation of the budget and final accounts should also be considered by the legislature the right to exercise, the audit should be under the authority the legislature.Statutory budget is a kind of"law", so it has the law's nature. But the form and content of statutory budget is different from ordinary law. The legal nature of budget is relative. We could divide the validity of the budget resolution into 2 kinds:"the validity of Statutory Budget"and"the validity of supplemental resolution". For the income, whether beyond or lack, there is no illegal problem. That is to say even if the executive can not charge in accordance with the budget , it is an ineffective administrative action which belongs to the political but not legal responsibility. But the expenditure must comply with the statutory purpose, statutory conditions and the limit of budget. The executive must implement the budget which is made by legislature faithfully. The legislature's additional conditions and period for budget is also belongs to the area of consideration of the budget which is given by the Constitution. The constitutionality of the additional budget resolution could solve the predicament that our country's legislature has the consideration of budget but doesn't have the power of funding. But this does not mean that there are no restrictions for the additional conditions of the budget. Does the binding of these"resolutions"apply to other state organs and people? First, we must consider whether they belongs to the legislative authority guaranteed by the Constitution. If they belong, these"resolutions"have legal nature, and then they have binding. On the contrary, they don't have binding.The Legislature should have the positive power of the consideration of budget, rather than exercise the negative power of cutting budget. The Legislature should have an appropriate power to adjust the budget. In the premise of not breaking the identity of budget and maintaining the total budget, the legislature has the power to adjust in order to implement the principles of financial democracy and checks and balances of power. So it must change the provisions which deprive the power to increase the budget completely. We should give the proposed power of increasing budget and the power to increasing budget to the legislature. The best approach is to make the legislature out of the control of the executive in the budget so that we can give the power of increasing the budget to the legislature. Therefore the legislature can increase the budget freely.We can't neglect the dangerous that the legislature obstruct the budget maliciously. If the legislature only make the resolution let the executive increase budget, but not the resolution increasing budget, then the executive can make the decision freely. The expenditure of the functioning of the statutory bodies and exercising the statutory mandate can't be cut, or it will make the executive in plight. If the legislature abuse the power of increasing and cutting budget, how can we remedy? The judiciary can play a role on this. Therefore, the judicial review should include the budget resolution.Because "the essence of representative democracy", the legislature seems to be inevitable because of the impact of interest groups, each year will be spent on a lot of money "meat barrel legislation" above. As a response, we may consider introducing the institution of president individual veto of United States in order to check and balance the power of increasing budget which belongs to the legislature. At the same time, we must strengthen the supporting legal system including the legislative of controlling budget deficit and communication mechanism between the legislature and the executive and so on.Budget in the fiscal year should be completed before the start of deliberations and announced, and other procedures, but from the consideration of the legislative conflict and delay, the Budget may not be passed within the effective period. Budget not to set up remedies can be roughly grouped into two categories. The first category is temporary remedies agreed, when the budget failed to produce statutory, and the law does not expressly provide at this time, the executive branch can act first branch budget, can be prepared by the legislative branch temporary remedies. The second category of remedy is a "provisional budget", that is, when the fiscal year has expired and the new budget has not yet been resolved is completed, to continue to implement the old budget last year, or to the Constitution, the law clearly stipulates that the Government in the Budget has failed to timely adoption, Government has the right to use its necessary funds.