On Legalizing Central-Local Relations

The study on the legalization of relationship between central and local governments (hereinafter referred to as "central-local relationship"), has been an important exploration in the domestic field of law, especially in that of constitutional study. This thesis is aimed to further examine and analyze the theoretical foundation, practical path of this issue and possible problems which may occur and the solutions seen from mixed angles of political science, economics and constitutional jurisprudence.So far our current constitution and the guidance documents of the ruling party has provided the general principles and direction dealing with the central-local relationship. But those are too macroscopic, general to regulate the power, functions and responsibilities of it all. This thesis has put forward five basic principles of central-local relationship. Firstly, principle of rule by law. Secondly, principle of equilibrium. Thirdly, principle of matching. Fourthly, principle of efficiency. Fifthly, principle of innovation (for details, please see the text).After research on the historical development of central-local relationship and international experiences, this thesis has concluded that our legalization of central-local relationship should target at three aspects:it must conform to the constitution; the legal frame of central-local relationship has to be established; and then to set up and improve the regulatory mechanism of central-local relationship. This paper has also systematically analyze the relationship between legislative power, administrative power, judiciary power, and that between authority of office, fiscal power and personnel power. Furthermore, the thesis proposed the practical path including the establishment of legal safeguard mechanism and that of dispute-resolving mechanism.Since the party politics is the fundamental form of modern politics and Chinese Communist Party is the unique governing party in China, we can not avoid the relationship between the party and the regime when probing into the issue of central-local relationship. This thesis holds that if we hope to form reasonable party-government relationship which adapts to and serves the goal of legalization of central-local relationship, two things have to be done:Firstly, to clearly specify again "Separating the Party from the government". Secondly, the party should "Rule the state and govern by the Constitution", of which the main idea is to duly handle the dialectical relationship between CCP’s leadership power and ruling power, and that between its leadership position and ruling status.The last but not the least, we all know the fact that the system of People’s Congress is the fundamental political system in China, and the national and local People’s Congress at all levels are the organsin which people exercise their power. Therefore, the relationship between the ruling party (CCP) and the authorities (People’s Congress) is the core of Chinese party-government relationship. As far as the central-local relationship is concerned, the interactive relationship between domestic party organizations and People’s Congress at all levels has decisive impact on the reasonable establishment and legalization process of central-local relationship. For this reason, we should put it as priority among priorities to clarify and definite the ruling status of CCP and the authority of People’s Congress.