Research On Local Autonomy In The Process Of Japanese Institutionalization

For Japan,the modern system of local self-government is a "foreign product"transplanted from Prussia,but it plays a vital role in the process of the rule of law in modern Japan.Judging from the relationship between legalization and local autonomy,they can be said to be "breathing together and destiny together".When Japan's rule of law construction is in a benign state of development,Japan's local self-government system can also run smoothly and play a greater role in practice;and when Japan's rule of law construction is in a state of retrogression or even complete destruction,its local self-government system is also in vain with the setback of the rule of law.The historical events that Japan entered "fascism" after the 1930s also confirm this fact.Conversely,the system of local autonomy also plays a great role in promoting the construction of the rule of law.The concepts of "checks and balances of power","guarantee of rights" and "administration according to law" contained in the system of local autonomy conform to the basic characteristics of the construction of a "country ruled by law",and are established in the form of a system,which is of great benefit to the active promotion of the construction of the rule of law.From a more macro perspective,this will also help us understand from one side why Japan's rule of law has been built since modern times.At all stages of the process of rule of law in Japan,we can clearly see the close relationship between the local autonomy system and the rule of law.In the period of Meiji Restoration,which was the first major transformation in modern history,the rule of law in Japan laid the institutional foundation for the final establishment of the local autonomy system.This is mainly reflected in:the Meiji government adopted the measure of "abolishing the fencing counties" in the political reform,returned power to the central government,and established a modern centralized system of power.This enabled the new government to carry out its reform will,thus breaking the original"curtain vassal" system and establishing a modern system of local self-government;secondly,the "Meiji Reform" promulgated the first modern constitution in Japanese history,the Constitution of the Great Japanese Empire,which imitated Prussia to establish a modern "constitutional" system.This is very important for the establishment of Japanese local self-government.In addition,the Meiji government has formulated relevant legislative norms to lay a legal foundation for the establishment of local self-government,so that local self-government can be truly established under the framework of the rule of law.In terms of the development of Japan's local autonomy in this period,outstanding achievements have also been achieved under the framework of legalization.Among them,the most typical is the promulgation and implementation of two codes of local autonomy,namely,Dingcun City System and Prefecture County System.Local self-government system in the form of legal norms has emerged in the eyes of the world,and has become an important achievement of the rule of law.From the main content of the two autonomous codes,from the establishment of institutions to the rights and obligations of local residents,as well as the supervision of relevant powers and judicial relief,can be called the "small constitution" in the field of local autonomy.The achievements made in local autonomy in Meiji period lie not only in the establishment of a new system,but also in the addition of greater achievements to the construction of the rule of law.From the interaction between local autonomy and rule of law in Meiji period,the two sides showed a benign development trend.Local self-government system played an important role in promoting "power restriction",cultivating "citizens ruled by law"and promoting "administration by law",and made outstanding contributions to the promotion of the rule of law in Meiji period in Japan.To explore the reasons why the Meiji Restoration made Japan successfully go to the rule of law,local autonomy has become an indispensable factor.During the period of "Dazheng Democracy" which was widely praised by the academic circles,there was still an inseparable link between local autonomy and legalization.Analyzing the progress of Japanese rule of law in this period from the perspective of local autonomy,"party politics" in the era of "Dazheng Democracy" is a great historic achievement of Japanese rule of law since the "Meiji Restoration".As for the local autonomy,because of the inseparable relationship with the rule of law,the "party politics" in the Dazheng era also had a significant impact on the new development of local autonomy at that time.For example,the emphasis on the construction of people's livelihood has expanded the economic,social and cultural rights of residents,and the establishment of universal suffrage has also brought about innovations in the local electoral system in Meiji period,which used property to determine voters'qualifications.The rise of "party politics" in the Dazheng period laid the institutional foundation for many new changes in Japanese local autonomy in this period,and made Japanese local autonomy move towards a new chapter under the baptism of democratic politics.In the period of "Dazheng Democracy",more achievements have emerged under the rapid development of the rule of law.Firstly,under the solid foundation of the"constitutional" system,the issue of "decentralization of local powers" has witnessed numerous waves of reform in this period.The new domestic bureaucrats represented by Anjing Ying-Er put forward many reform proposals.Secondly,in the important legal norms of local autonomy,the Municipal Village System ushered in an important revision.Greater progress has been made in the expansion of civil rights than in Meiji.In addition,the strengthening of Dicun autonomy and the development of local autonomous bodies in "public undertakings" are also the main highlights of this period.The former further caters to the needs of "decentralization" reform,while the latter has made progress in safeguarding the economic,social and cultural rights of local residents.From the interaction between the local autonomy and the rule of law in this period,the local autonomy in Dazheng period made the construction of the rule of law due to the wave of the reform of "decentralization of local powers"...