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Research On The Local Fiscal Autonomy

Posted on:2011-10-04Degree:DoctorType:Dissertation
Country:ChinaCandidate:J XuFull Text:PDF
GTID:1116360305956871Subject:Constitution and Administrative Law
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In China, article 3, 95, 99 and 101 of Constitution established the structure of"dual polity". But it is difficult to derive the local autonomy, include fiscal autonomy, from the provisions of the Constitution and the laws in China."Local autonomy"(including fiscal autonomy), however, is often used to discuss China's central-local relations. In fact, the local autonomy, as a term, appeared in the national discourse is also not uncommon."Autonomy"in the use of the concept of traceability in China shows that, it is not a general sense of local autonomy.This as the institutional framework, author analyzed the content and extension of local financial autonomy. Under the current legal system, author believes that, local governments have some autonomy in budget, revenue and expenditure. Local governments can be effective governance. However, based on historical and other reasons, financial autonomy of local governments are limited from central government. But, local governments gained de facto financial autonomy with reform actions outside of legal system. Therefore, under the real state, local financial autonomy is complex, unstable and normative.Studies have shown that, Law does not clearly provide the division of authority between local and central governments. On the one hand, local governments have no institutional protection for the financial autonomy. On the other hand, local governments gained more de facto financial autonomy under current legal system.Unifying of financial legislation and decentralization of enforcement, Separation between local democracy and financial autonomy, Law does not clearly provide the division of authority between local and central governments, Recognition of local vested interests from central government. For the above reasons, the central government tends to use informal system to adjust the financial relationship between central and local governments.To achieve the transformation from a change to a stable, then the following three aspects should be a rational reflection: First, proceeding from the governmental burden of functionalism, it should be a reasonable division of the central and local government functions. Second, to regulate fiscal decentralization-oriented, a clear division of central government and local governments in the Constitution and law is necessary. Third, in order to establish the goal of democratization of public financial system, establishment of local democratized system and information disclosure system, also is necessary.
Keywords/Search Tags:Local Fiscal, Fiscal Autonomy, Normative Decentralization, Functionalism of Burden, Public Fiscal
PDF Full Text Request
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