| It is the major problem how to manage the relationship between the central and local government that have been confronted by all countries at all times. Dividing and allocating the power between the central and local government in a rational way is a significant subject of the Constitutional Law and Administrative Law. The history demonstrates that the economy and society would achieve a sound and healthy development if and only if under the condition of proper power division between the central and local government with the harmonious relationship. Throughout the long Chinese history, there existed successful examples that the central government were in amity with the local which generated the situation that both the economy and the society developed comprehensively, for instance, the most flourishing period of the ancient China, the Han and Tang dynasties. On the other hand, there were failure lessons that the country fell into great peril which was resulted from the disharmony relationship between the central and localities, like the Qing dynasty. From1928, the Nanjing National Government united China formally, the extensive political practice on the power division between the central and local government was conducted. It provided indispensable experiences and mental preparation for the People's Republic of China when confronting with the certain problem. As a matter of fact, even until now, the time of Nanjing National Government does have a vital reference value on the issue of managing the central-local government's relationship, especially the period from1928to1937.This dissertation employs the combination of theories and methodologies on legal science, historical science, social science along with the other related disciplines.It incorporates the method of historical analysis with comparative analysis and integrates the standard analysis with the empirical analysis. Beyond that, the relationship between the central and local government is analyzed by adopting not only the typical examples of western countries, but also the dynasties in Chinese long history. What is more, the article investigates the management of the central-local government's relationship, particularly the power division between the central and localities during the time of the Nanjing National Government (1928-1937). Meanwhile, the viewpoints concerning the responsibilities division of public service between the central and localities are brought forward.The article is composed of7parts:the foreword, five chapters and the conclusion. The foreword illuminates the background and purposes of the research, depicting the research status quo both in domestic and abroad and expounds the methodologies of this research. Additionally, the key concepts which are relevant with the relationship between the central and localities are delineated and interpreted.Chapter One investigates and analyses, by applying the method of comparative and historical analysis, the development status, major characteristics as well as the experiences and lessons of three developed western countries, including the three similar unitary countries, namely, the United Kingdom?France and Japan with the United States of America which is a federal state. Summarize and anatomize the specific approach of handling the relationship between the central and the local, the method of dividing the power in Chinese history. The legalization of the central-local governments relationship along with the systematization and the equalization of the power division between the central and localities in western countries, however, afford us examples beneficial to establish the relationship between the central and the local which centers on the responsibilities of public services. For China, a super large country, the high centralized government did play the crucial role in safeguarding the national unity, promoting the social development and creating the splendid Chinese civilization. Nevertheless, it was the extreme centralization of the state power that caused the corruption in the ruling system resulted in the relationship between the central and localities were out of control, which was abandoned relentlessly by the history at final.Chapter Two introduces the Sun Yat-sen's thoughts about the relationship between the central government and localities during the time of Nanjing National Government, analyzing the legislative practice in the norms of the Constitution on dealing with the relationships between the central government and localities, which was implemented by the Chinese Kuomintang Government. In addition, the general situation about the relationship between the central and local government throughout the Kuomintang Government(1928-1949) is presented. The right-equalitarianism proposed to allocate the regulatory power vertically in accordance with the nature and level of the responsibilities of public services. The Nanjing National Government followed the proposition in the Fundamental Law and embodied it into practice.Chapter Three illustrates the concrete manifestation, from three perspectives: economy, military and politics, about the formal unity of the central-local government's relationship when the localities turned warlord while the central attempted to enforce the centralization of the state power which was strongly against by the local during the early stage of the Nanjing National Government (1928-1937). Analysis is made to figure out the reasons resulted in this status. The pivotal factors that affect the relationship between the central and local government include warlord and factional politics, the political party system, the traditional concept, the localism as well as the western ideologies and systems.Chapter Four depicts the establishment of the provincial system during the period of the Nanjing National Government, elaborating the power division between the central and the various hierarchies in terms of legislation, military, judicial system and administration. The basic standard to divide the power at that time was the responsibilities of public services with the national uniform effect belonged to the central government, while it was attributed to the local when necessary and convenient. It was embedded in every single legislation during the period of the Nanjing National Government. From constitutional practice, centralization and decentralization and autonomous summarizes the aspects such as the Nanjing National Government handle the relationship between the central and local government.Chapter Five makes an explanation about the transformation process of the relationship between the central government and localities in the contemporary China and analyses the existing problem and the reasons on the issue of power division between the central and local government at present. It maintains that currently the central power is concentrated but lack of sufficient authority. The power division between the central government and localities is imbalanced with massive randomness. It also claims that the responsibilities of public services should be centered on, allocating the functions of the central and the local scientifically under the premise of the political centralization and economic decentralization to arouse the enthusiasm of both the central and localities fully, making this power division to be systematized and legalized.The time of the Nanjing National Government was a crucial period of the transformation of the Chinese political society as well as with relative rapid economic and social development. The power division between the central and the local government is not only the vital link for researching the political society in the time of the Nanjing National Government with prominent academic meanings, but also particularly instructive for comprehensively deepening the open and reform policy and transforming the governmental functions in current China. The dissertation puts forward that it is highly targeted and well maneuverable to divide concretely the responsibilities of public services between the central and the local government and to propel the legalization of the central-local government's relationship on the principle of political centralization and economic decentralization. |
PDF Full Text Request