Research On The State Supervision System Of Local Self-Government

Local self-government is a kind of political institution, which means that inside a unitary state, all the inhabitants of a certain geographic area consist of a corporation, And establish autonomous organs to resolve local public affairs independently within the legal framework of the state and under the supervision of the state. Local self-government focuses on the vertical division of powers in unitary states, and how to protect local autonomy within a unitary system. Compared with the state or the center, localities are usually relatively weaker, so in order to maintain the balance of central and local powers,-it is necessary to take measures to protect local autonomy. However, such protection is not unlimited, for example, it cannot endanger the sovereignty of the state and challenge its legal order as a whole. That is to say, local autonomy should be protected under, the premise of respecting the political system of the unitary state. Therefore, it is necessary to set up some kind of corresponding institution for local self-government, namely the state supervision of local self-governmentState supervision means the monitoring and urging of local public activities, including autonomous matters and commissioned ones, by upper levels of the state. The elements of the state supervision institution mainly include the subjects of state supervision, the objects, the methods, the principles, as well as the resolution of disputes about state supervision. Besides, state supervision is not equal to state intervention in local affairs. In fact, besides its negative function, namely restricting local autonomy, state supervision also has positive function, that is promoting the realization of local self-government. State supervision plays an important role in safeguarding national unity and the overall legal order, balancing the development of different parts, improving the effectiveness of local administration, protecting private rights and interests, preventing the deterioration of local self-government and so on.Local self-government has been accepted and put into practice by many countries and regions, such as the American, UK, Germany, France, Japan and the Chinese Taiwan. Overall, common law countries characterize by their mature resident autonomy. And state supervision in these countries mainly takes form of legislative supervision, but also with a trend of strengthening administrative supervision during these years. While Germany, France and other civil law countries and regions are more focused on corporation autonomy. Local self-government in these countries and regions is on the basis of the public corporation instituion. And administrative supervision is the main form of their state supervision, while judicial supervision is receiving more and more attention. And in the context of regional integration and globalization, the European Union, the European Charter of Local Self-government, as well as other international treaties also influence the state supervision institution significantly.According to different.objects, state supervision may be divided into the supervision of local autonomous legislative power, and local administrative power. Legislative power is one of the core areas of local autonomy, even being considered as "the core of core areas of local self-government." Forms of local legislation include autonomous regulations, administrative rules, commissioned rules and so on. Local legislation should be subject to internal, external and applicable boundaries, as well as supervision from local residents, public opinion and the state etc. And the state supervision is mainly carried out by administrative and judicial organs. Administrative supervision is mainly in form of supervision in local legislative procedure, supervision after the implementation of local legislation, and supervision through disputes resolution. And judicial supervision mainly refers to judicial review of local legislation in common countries, and administrative litigation of local legislation in civil law countries, as well as constitutional review in countries with written constitution.Local autonomous administration contains rich contents, including not only these actions directly improving local residents’welfare, but also organizing, fiscal and other activities which maintain the existence of the autonomous corporation. And main forms of state supervision of local autonomous administration include administrative supervision and judicial supervision. Over specific administrative acts, the state and upper administrative organs may repeal, change, abolish or stop the execution of local community actions, as well as act under the name and cost of local community in case of its inaction, which is also called the default power in UK. In addition, state supervision of local administration also takes form of monitoring local organizing, financial and other administrative matters, such as the supervision of local elected public officials, local civil service management, supervision of local borrowing, monitoring by funding, local expenditure control, audit and so on.There may be disputes between the state and local corporation, as well as upper and lower local corporation, arising during the process of state supervision. The state supervision disputes, refer to controversies between state and local, community or upper and lower communities about the legality of state supervision. There are two categories of methods of resolving such disputes, ex ante ones and ex post ones. Examples of ex ante methods include formal and informal consultations, exchange and participation and so on. And ex ante methods may also be divided into two species, administrative ones, such as administrative appeal, and the committee of resolving disputes between state and local community in japan and so on, and judicial ones, mainly including administrative litigation and constitutional review.The state supervision institution of foreign legal scopes is based on the separation of powers, with characteristics of categorization, systematization and the rule of law. Decentralization requires a clear delineation of powers between national and local governments, and on this basis, the further division of local public affairs. Categorization requires classifying state supervision into different type under different criteria theoretically, and set different supervising means and different levels of intensity, which may improve the effectiveness of the state supervision. Systematization means integrating a variety of monitoring tools, setting management objectives, to guide and supervise the overall behavior of local governments a certain period. And under the rule of law of state supervision, local self-government bodies should be endued corporation status, the supervision power should have legal basis, and the procedure and disputes resolution should meet the requirements of the rule of law.In China, similar to state supervision of local self-government, the national regional autonomy is also subject to the supervision of the state organs, such as the NPC and its Standing Committee, the State Council, the higher people’s congresses and their standing committees, higher levels of governments, the courts and the prosecutors and other state organs. Means of these supervisions include the ratification, filing and withdrawal of autonomous regulations and separate regulations, issuing decisions, resolutions, orders and instructions for autonomous organs to implement, accepting applies for administrative reconsideration of specific administrative act or administrative proceedings. Overall, there are many problems about the subject, objects, means, disputes resolution of supervision of national regional autonomy. It is necessary to take measures to improve the supervision of national regional autonomy, such as reforming supervising institutions, perfecting monitoring methods and promote the rule of law of the supervision.