Study On Ability Of Policy-execution Of Local Government From The Perspective Of Legalization On The Relationship Between Central And Local Governments

When state policy fails to carry out,the nation cannot improve.The key to the improvement of the institution lies in the execution of it.Unimplemented policies,however good,are merely empty words.Stepping into the 21st century,building an effective national governance system has become the basic consensus of all countries in the world.China is a unitary state with democratic centralism,which determines the overall top-down features of the current administrative system reform.The success of the reform relies heavily on the ability of policy-execution of local governments.A look at farmland exploitation without agricultural use,targeted poverty reduction,environmental remediation,etc.lt reveals that the central government's decision-making has not been strictly executed,policy evasion,policy stagnation and policy violations remain prominent.The main issue is not that the central government is politically unstable or unable to design projects that are reasonably designed for development but that the local governments do not follow the Central Government's decision-making process and implement it flexibly.Therefore,under the background of the central government's full-fledged efforts to promote the construction of the government under the rule of law and the reform of the administrative system,the institutional problems that local governments face in implementing central decision-making,and how to strengthen the local government's ability to implement policies are areas that need to be further researched.This dissertation follows the structural and functional analysis framework of"system-process-policy-evaluation".From the perspective of interdisciplinary research,the dissertation employs conceptual models,case studies,textual analysis and comparative analysis methods to focus the research on improper application of ability of provincial local government policies.The study finds that improper use of local government's ability to implement policies is deeply affected by the degree of legalization of central-local government relations.The relationship between the central and local regions is an main line that runs through the construction of the rule of law in China.The rule-of-law of central-local relations is the key to tackle the problem of implementation of central decision execution problems,and then to refine the institutional innovation direction of local government policy-making capabilities.The theme of this dissertation is to combine the government behavior analysis with the analysis of the national system,which is conducive to exploring the crux of the improper use of local government's policy capacity at the micro level,and conducive to exploring the modernization of local governance system that suits national governance capacity at the macro level.The first chapter starts with the concept of clarifying the ability of local governments to implement policies,and regards them as the administrative capacity for executing and implementing central decision-making,the planning ability for local economic,the ability to integrate the interests of different classes,the extraction of social resources and the absorption of social forces and mobilization capabilities combined with local realities,innovative policy implementation methods and ability to control the implementation process.Secondly,it analyzes the characteristics of the changes in local government's ability of policy-execution since the reform and opening up and points out that decentralization governance is the basis of local policy power.Market economy is the driving force for the change of local government's ability to implement policies,and this has led to a shift in the relationship between the central government and local governments from policy regulation to legislative regulation,and established the overall trend of building local government capacity.Thirdly,it discusses regional differences in local government's ability to implement policies,and proposes that in the context of the modernization of national governance capabilities,it should identify the institutional innovation direction of local government's policy-execution capabilities and promote the legalization between central and local governments.The second chapter specifically summarizes the performance of local government's improper use of policy-making capabilities and explores the causes.The construction of local government's ability to conduct tests the level of governance of the state by the central government.It is an important issue that needs to be studied urgently by the local government in China.Under the framework of the constitution,China's local government has the ability to implement the constitution and related laws,but the rule of law in the country's central and local regions still faces institutional problems.In addition,China has not yet formed a standardized policy enforcement mechanism,and the improper use of local government's ability to implement policies is relatively common.The improper use of local government's policy-making capacity includes internal factors such as the negative effects of local government autonomy and power alienation,restrictions and constraints on local resources and environment,and external factors,such as the lack of legislation on the nature and power of local powers,The institutional obstacles in the process of implementing the will of the country and the non-equilibrium of the central decision-making itself will affect each other.Therefore,the improper use of regulatory powers by local governments requires both the rule of law of the central and local governments and the strengthening of local government policy capabilities.The third chapter selects three policy areas for the control of agricultural land use,targeted poverty alleviation and local environmental governance,to conduct case studies.From the perspective of the interaction between the central and local authorities,it discusses the internal logic of improper use of provincial local government policies in the specific context of China's practice and the process of the change of state power in local governance.The study finds that:Firstly,the central and local governments are not simple administrative affiliation,but rather go beyond this central category of "centralization-decentralization" and organically combine macro-national governance and micro-power management.Secondly,the improper use of local government's ability to implement policies in different places and in different fields has different forms of expression and degree.Therefore,in pilots areas of complex policy,and promote the policy innovation at the central level,it will be objectively conducive to enhancing local government policy capabilities.Thirdly,to enhance the local government's ability to implement policies,we should attach great importance to the top-level design of the reform of the relationship between the central and local governments.The essence of the reform is to use the rule of law and to correctly handle the relationship of power and responsibility Between central and local Governments,then to build a "promising government" through the transformation of functions,and a "responsible government" through the optimization of power allocation,finally to construct a government under the rule by law.The fourth chapter starts with the relationship between the central government and local government,and discusses the regulation of improper use of local government's policy-execution capabilities.The legalization of the relationship between the central government and the local government is related to the overall framework of the operation of the state power.Local governance involves many issues in the fields of constitution,law,and politics.Any problem that cannot be solved can jeopardize the authority of constitution and stability of the state.The important conferences of the Party all included the adjustment of the relationship between the central and local governments and the reform of local governance in the important areas that must be carefully handled in the process of building socialism with Chinese characteristics.Realizing the rule of law in the relationship between the central and the local governments is the key to regulating the improper use of local government's policy-execution capabilities.The fundamental solution to the contradiction between the central government and the local government lies in the rational allocation of the power relations between the central government and local governments in a legal manner,that is,on the basis of standardized decentralization,and through the improvement of the socialist legal system with Chinese characteristics under the Constitution as the core.At the same time,a reasonable system design can effectively eliminate many obstacles faced by local governments in their capacity building.In order to ensure the implementation of central decision-making,local governments should optimize the allocation of power between the central and local authorities within the framework of the existing legal system,create scientific and rational mechanisms for the settlement of disputes between the central and local governments,establish local interest expression and coordination mechanisms and construct modern local governments.That is the way to strengthen local government capabilities of policy-execution.The fifth chapter is focusing on the national governance ability and the modernization of governance system.It analyzes the importance of building local governance system and the promoting role of local governance in local policy-execution ability.From the local government policy-making ability to local public affairs governance is the further expansion of the research vision of this dissertation.Local governance is an important part of the modernization of the country's governance capacity and governance system,and local capacity for policy-making is the micro-foundation for the modernization of the country'sgovernance capacity.Constructing a local governance system that meets the requirements of the modernization of the country's governance capacity is an inevitable choice to enhance local government's ability to implement policies.The modernization of local governance systems should include a system of rules centering on the rule of law and the rule of law,a system of responsibility based on democratic decision-making and scientific policies and a system of safeguards based on state power and government functions.Among them,the rule system based on the rule of law and the rule of law is the institutional prerequisite for the modernization of the local governance system;the responsibility system based on democratic decision-making and scientific policy is the basic indicator for measuring the degree of modernization of the local governance system;with state power and government The function-led security system is an important support for the stable operation of local governance systems.They are both relatively independent and mutually integrated.They shape the basic structure of the local governance system.Finally,a summary of this study was made,the deficiencies of the research and the areas that still need further study are pointed out.The implementation of central decision is the basic criterion for testing the national governance capacity of the central government and the ability of local governments to implement policies.The former is inseparable from the legalization of the central government and the latter requires the establishment of a local governance system that modernizes the capabilities of state governance.The 19th National Congress of the Communist Party of China put forward the principle of "Governing the country,and coordinating the promotion of a country governed by the rule of law,a government under the rule of law and a society ruled by law." However,connecting organically the construction of the rule of law with the practice of local governance in China is to the key to promote the modernization of the governance system and governance capabilities of the country.In the future,to strengthen the overall direction of local government's governance capacity should be based on the framework of the rule of law between the central government and the local government.It should focus on promoting the transformation of government functions,optimizing the configuration of power in the central government,improving the local governance structure and an effective system for local implementation of public policies should be established.