| After the second world war,all countries,which were on the background of the economic recovery and development in domestic level and economic catch-up and competition in international level,widely carried out the state-level regional aids,which took the key development of special backward areas and the comprehensive development of land and resources as the main forms,while in the face of domestic regional development imbalances.Internationally,this has led to a wave of national intervention in response to the "failure" of regional markets.Domestically,with the implementation and promotion of the regional coordinated development strategy,the development of less-developed regions has become a key link to narrow the regional gap,and the state-level regional aid systems has played a key role in changing the poverty and backwardness of less-developed regions.However,with the development of aids practice,the effectiveness and even the necessity of the state-level regional aid system have been questioned.In this context,the institutional value and contemporary character of the state-level regional aid systems deserve to be reconsidered.On the one hand,the state-level regional aid systems,as the main way to allocate the rights and interests to the less-developed areas,still has practical significance in narrowing the regional gap;on the other hand,the state-level regional aid systems has many limitations,which are mainly manifested in the following aspects: the lack of clear criteria for the identification of aid objects,the great discount of the effectiveness of aid methods due to the system defects,and the imperfect evaluation and application of aid performance.Therefore,the improvement of the state-level regional aid systems has become a powerfulmeasure to break through the development dilemma.The main states outside widely use the “legislation first” as the regulation mode while aid the less-developed areas,which guarantees the standardization of the identification of aid objects,the effectiveness of aid methods and the mandatory of the evaluation and application of aid performance through the stipulation and compulsory legal system.It is the right choice to guarantee the long-term supply of regional aid through legal system,which has been proved by the aid practice for more than half a century.This provides important experience enlightenment for the consummation of state-level regional aid systems in our country.The current academic writings on strengthening the guarantee of the legal system to the state-level regional aid in our country are not uncommon,but unfortunately,the current researches on the legal system construction of state-level regional aid,either just staying at the level of the point of view put forwarded,or stopping at the height of the philosophy,culture and ethics of state-level regional aid,present a vague research trend.Up to now,the legal system framework of state-level regional aid has not been established from the unique research perspective of Economic Law through specific legal systems,which are based on the legal concept of state-level regional aid,providing institutional theoretical support for the rule of law of the regional coordinated development.The original intention of this topic comes from the fact that economics puts forward the urgent need of the legal system for state-level regional aid,which has not been followed up by the current situation of legal researches.The writer hope that the paper can reveal the existing problems further in the state-level regional aid systems in our country,provide theoretical references to aid object recognition,aid mode choice and performance evaluation and application of state-level regional aid systems from the perspective of law,and expect that the results can cause the related department of state-level regional aid attention.In addition to the introduction and conclusion,this paper consists of seven chapters,which are as follows:The first chapter is "theoretical preparation for the study of state-level aid systems".This chapter mainly discusses the core concepts and institutional elements related to the state-level regional aid systems.Firstly,the core concepts related to the state-level regional aid systems,such as "region","aid","regional aid" and "state-level regional aid",are defined.As for "region",Regional Economics,Regional Geography,Regional Politics,Regional Sociology and other disciplines haveconducted a lot of preliminary studies,but no consensus has been reached on the concept of region.The definitions of “region” by Jurisprudence,Administrative Law,Economic Law and other departments of the law are different.Therefore,by combing the different definitions of "region" and referencing existing researches,the writer defines "region" as a regional community,which locates across administrative boundaries limit and has common interests,with less-developed conditions in political,economic,cultural,social and ecological and other aspects.As for "aid",the writer traces back the aid concept that originated from developed countries or regions providing development aid to less-developed countries or regions at the international level,and defines "aid" as the voluntary transfer of resources from one country or region to another."Resources" generally means any information,capital,energy,services,staff,knowledge or other assets that can be converted into productive benefits.As for "regional aid",the scope involves international and domestic perspectives as well as macro,medium and micro perspectives.The "regional aid" involved in the state-level regional aid systems is mainly at the medium perspective,which means aid provided by the central government or developed regions within a country to less-developed regions,called "regional aid with direct input from state" and "regional aid with promotion of national policies" respectively.In conclusion,"state-level regional aid" can be defined as the transfer of resources by the central government of a country to "less-developed" regional communities in political,economic,cultural,social,ecological and other aspects with common interests and that aren't restricted by administrative boundaries,through direct input or policy promotion.In order to further study for state-level regional aid system,the writer deconstructions its system elements,and consider aid objects cleared before aid,aid methods chose while aid and performance evaluation and application after aid as important elements,which lays the foundation for later study.The second chapter is “legal basis of stare-level regional aid systems".This chapter mainly discusses the theory of state function and the obligation of state-level regional aid,the theory of development right and regional development right,the theory of substantial justice and state-level regional aid.First of all,it is clear that the obligation of the state-level regional aid mainly originates from the evolution of state functions.The evolution of the state from the initial security function to the later economic regulation function makes it change from the former role of "night watchman" to the national macro-economic manager and micro-economic regulator.With the aggravation of the imbalance of regional development,countries have to shoulder the heavy responsibility of "the coordinator of the middle economy",and the obligation of state-level regional aid is part of the contents of this responsibility.Generally speaking,the obligation of the state-level regional aid refers to a mandatory norm that obligates the country's responsibility for aiding the less-developed regions.From the perspective of logical root,the duty and requirement of equal protection for each region that a country bears is the internal root of the country's obligation of regional aid to underdeveloped regions with poor natural resource endowment;deferred payment or compensation of costs to regions that have historically made "special sacrifices" is the historical source of the obligations of the state-level regional aid.Secondly,the right to development should be introduced into the regional areas so that the less-developed regions have the same right to development as the developed regions.Whether the region can be the subject of the right to development is based on whether the region has the legal subject status.This paper believes that the region has the legal subject status,can become the subject of the right to development,which is mainly based on the following reasons: the traditional subject system can not deal with the regional problems effectively;the history of the subject of law shows that there is great possibility and institutional space to give "region" the subject status of law;from the perspective of the will,ability and moral elements of the legal subject,the "region" is consistent with the elements of the legal subject;the concept of "region" as the institutional subject of regional policies has been generalized,and the regional cooperation agreement shows that "region" as the subject of contract fully meets the qualification standards of legal subject,the regional environmental public interest litigation reversely affirmed the regional legal subject status at the same time.It can be seen that regional subjectivity is supported by practice and also required by practice;from the perspective of value analysis,granting “region” the subject status is to achieve regional market order and regional justice;etc.To sum up,as the object of legal adjustment,regional interests are the product of the development of the era.The subject of “region” is also a strong evidence for the expansion of legal subject and the emergence of the new third type of subject in contemporary society,such as "unincorporated body or other organizations".As the legal subject,region has the legal basis of legitimacy.Therefore,the expansion of the subject of the right to development from "people" to "region" has brought about a significant change in the connotation of the right to development.In terms ofcontent,the right to regional development should include a series of rights,including the right to information,the right to participate,the right to finance,the right to aid,the right to legal relief and etc.;at the same time,the main content of the right to regional development should be to cultivate and enhance the self-development ability of less-developed regions.From the perspective of right realization,the right to regional development needs constitutional protection.The writer suggests that a constitutional protection provision for "regions" should be added before article 4,and the protection of the right to regional development should be clearly put forward,and the object areas to be protected should be listed;the realization of the right to regional development should be allocated structurally that "hematopoietic" aid can help them realize self-development for regions with economic development foundation,while"blood transfusion" aid still has practical significance for other regions without economic development foundation.Thirdly,the state-level regional aid system is conducive to the realization of substantive justice.The theory of justice has undergone a transformation from formal justice to substantial justice,which is manifested as"regional justice" at the regional level.In view of the "injustice" phenomenon in the regional market,the weak subject in the regional structure is treated differently in the legal system,so that the weak subject can obtain equal development rights with the strong subject.The realization of this kind of substantial justice is "regional justice".To realize "regional justice",it is necessary to "tilt the right" to less-developed regions,and the state-level regional aid is an effective way to "tilt the right".In a word,the obligation of state-level regional aid and the right to regional development constitute the "right-obligation structure" of the state-level regional aid systems,which provides a reasonable basis for the study and framework of the legal horizon of the regional aid system.At the same time,the pursuit of "regional justice" in state-level regional aid fully embodies the legal significance and practical value of state-level regional aid systems.The third chapter is “the history,present situation and problems of China's state-level regional aid systems”.This chapter mainly discusses the evolution process,legislative status,policy norms and existing legal problems of China's state-level regional aid systems.First of all,China's state-level regional aid systems has gone through the development process from the bud to the formal formation and then to the promotion of legislation.Since the founding of the People's Republic of China,there was the bud of "aid" in China's regional development;until the early stage of thereform and opening up,the proposal of the policy of "hand-in-hand aid" marked the formal formation of the state-level regional aid systems with the regional aid directly invested by the state and the regional aid promoted by the state policy;Since the turn of the century,China has successively implemented such strategies as strategic poverty alleviation,"western development","revitalization of the old industrial base in northeast China" and "rise of the central region",which have greatly expanded the content of China's state-level regional aid,and the regional aid legislation promoted by the national level also makes the state-level regional aid system in China gradually become institutionalized and legalized at the same time.Secondly,there is no special legislation on state-level regional aid in China at present,and the concept of aid is mostly scattered in individual articles of laws of various departments.The writer finds that there are many problems in the state-level regional aid systems by combing and analyzing Chinese written laws and policies: the identification criteria of aid objects are not clear before aid;the effectiveness of the aid methods in the process of state-level regional aid needs to be further improved;the absence of mandatory on regional aid performance evaluation and application;etc.The existence of these problems makes the effectiveness,necessity,significance and character of the state-level regional aid systems deeply criticized.This paper mainly focuses on these three aspects and makes an institutional analysis from the perspective of law in order to reshape the institutional value of state-level regional aid.The fourth chapter is "the standardization of the identification of the state-level regional aid object ".This chapter mainly discusses the legislative provisions on the identification of regional aid objects from other countries,the background,objectives and principles of the identification of state-level regional aid objects in China,and the suggestions on realizing the standardization of the identification of state-level regional aid objects in China.First of all,the regional aid legislation of the United States,Japan and European Union countries has made clear criteria for the identification of aid objects,and those who meet the criteria are entitled to receive aid.Secondly,the identification of state-level regional aid objects is at the regional planning level in land planning.In the planning of the land and space,China's current main laws and policies include The national plan for functional zones,Outline of the national land planning(2016-2030),Opinions of the central committee of the communist party of China and the state council on the establishment of a territorial and spatial planning system and the supervision of its implementation,Notice of the ministry of naturalresources on the comprehensive development of land and space planning and etc,which regulate that the scientific identification of state-level regional aid objects must be based on the requirements of "the integration of multiple plans" and "one map" of territorial and spatial planning,integrate the contents of the current effective territorial space plannings,and in line with the national regional development strategy,the general plan for territorial space and the detailed plans.Thirdly,as an important part of the "one map" of territorial space planning,the identification of national regional aid objects should be included in the special plan of territorial space planning,including aid objects and corresponding identification standards.Based on the comprehensive analysis of regional economic development and early academic research results,the writer defines the old revolutionary base areas,ethnic minority areas,border areas,and poor areas that existed and continue to exist today and resource-exhausted urban areas,old industrial urban areas with declining industries,and areas with serious ecological degradation facing actually developmental difficulties as the state-level regional aid objects.The regional unit standard and recognition standard of each aid object are proposed.It is suggested to adopt the form of "basic law + single line law" to legislate the identification of state-level regional aid objects.In the connection with the current legislation,the current legislation related to regional planning is uniformly included in the territorial space planning,and the legislation related to the identification of state-level regional aid objects should be included in the relevant special planning of territorial space planning,and as an integral part of the territorial space development protection law.The fifth chapter is “the effectiveness of state-level regional aid methods”.This chapter mainly discusses the main types of regional aid modes,the combination of aid methods applicable to different types of aid objects,the regional financial aid system,the regional tax preference system and the regional financial support system.First,the system of state-level regional aid methods.According to the classification of regional aid methods from other countries and China's aid methods to different regions in different periods of historical development,China has formed an aid system composed of direct aid and indirect aid at present.This paper mainly studies the direct aid which consists of financial aid,tax preference and financial support.On this basis,the writer tries to construct the application system of the combination of state-level regional aid modes in the future,with a view to bringing into play the "synergy" of various forms of aid and related systems.Secondly,the regional financial aid system.There are many problems in China's regional financial aid system: the legislation quality of China's regional financial aid system is not high;institutional arrangements and institutional objectives are contradictory;the transfer payment structure plays a limited role in promoting economic growth in less-developed regions;lack of detailed usage restrictions;lack of overall arrangement and project cohesion adjustment;etc.For these problems,the writer puts forward the following suggestions: we should strengthen the legislation of regional financial aid,integrate and clean up the existing transfer payment projects,and attach importance to the legislation of transfer payment procedures;we should abandon the "base law" and adopt the specific tax return law;we should increase the proportion of special transfer payments in the structure;we should strengthen the elaboration of transfer payment funds,including the proportion of funds in projects,the relationship between aid funds and funds needed for regional development and other sources,the time of allocation of funds,and restrictions on their use;we should pay attention to the overall arrangement and coordination of transfer payment projects,and add "transfer payment adjustment fee" for the connection of transfer payment projects and cost coordination;etc.Thirdly,the regional tax preference system.The regional tax preference system and the regional financial aid system complement each other,and part of the financial aid needs to be realized by the regional tax preference measures.On the basis of learning from the experience of the regional tax preference system in the United States and Japan,the writer analyzes the problems existing in the regional tax preference system in China,such as the concentration of the regional tax preference system in developed areas,disguised tax reduction and exemption by local governments,unreasonable tax system structure and unclear provisions on cross-regional tax sharing,and puts forward the following suggestions for improvement: we should strengthen the standardization of the tax preference system in less-developed regions through legislation;we should clean up and integrate further the chaotic regional tax preference policies;we should authored the less-developed regions the right to adjust certain tax preferences;we should gradually increase the proportion of direct tax in the tax system;we should further clarify cross-regional tax sharing rules.Finally,the regional financial support system.In terms of regional financial support in China,there are many deficiencies,mainly manifested as the shortage in supply of regional financial support legal system;the problem of "capital outflow" induced by institutional reasons of banks andfinancial institutions;different geographical implications resulted from uniform monetary policy instruments;the absent of the "policy" function of policy-based finance.In view of these problems,on the basis of learning from the experience from other countries,the writer puts forward the following suggestions for improvement:we should stipulate the preferential provisions of regional financial support in the basic law or the single line law of regional aid to strengthen the legal supply of regional financial support system through improving the law of the people's bank of China;we should supply the regional financial support in the establishment and functional arrangement of financial institutions through improving the central bank organizational system—— "head office--regional branch--central sub-branch--sub-branch" ——in terms of authority and responsibility;we should implement differentiated finance in different regions,and make differentiated arrangements for the required reserve ratio,rediscount,refinancing and interest rates;we should strengthen the "policy" function of policy banks through the establishment of dual objectives of policy and marketability and the establishment of regional policy banks.The sixth chapter is “the performance evaluation and application of state-level regional aid”.This chapter mainly discusses the basic theory,main content and application of performance evaluation results of state-level regional aid.First,the basic theory of state-level regional aid performance evaluation.From the perspective of legal thinking,the legal system of state-level regional aid performance evaluation is the "supervision's supervision" of state-level regional aid behavior.From the perspective of theoretical basis,these theories,such as public product theory,public choice theory,principal-agent theory and new public management theory,provide solid theoretical support for the performance evaluation of state-level regional aid.At the same time,regional financial aid performance evaluation,as the core component of state-level regional aid performance evaluation,has many problems,which leads to the institutional thinking on the performance evaluation of state-level regional aid.Secondly,the main content of state-level regional aid performance evaluation.On the basis of evaluation of “the whole life circle”——advance,matter and afterward,and“the structural components”——the evaluation subject,evaluation cycle,evaluation indicators,evaluation results——of state-level regional aid,we can set up a state-level regional aid performance evaluation system with time dimension and content dimension as the framework to ensure the effectiveness and rationality ofstate-level regional aid performance evaluation.Thirdly,the application of the results of state-level regional aid performance evaluation.For the state-level regional aid,whose results of performance evaluation are invalid,we should pursue the legal responsibility of ineffective aid through the “qualification reduction”to downgrade the various preferential qualification and privilege level the aid body can access and through the “rotary” to achieve the preservation of aid power,which unifies the positive promoting and negative restrictions and guides and controls the regional aid measures through reward and punishment.For the state-level regional aid,whose results of performance evaluation are valid,we should promote the regional withdrawal of relevant aid objects from state-level regional aid in an orderly manner through the motivation mechanism,compensation mechanism,risk prevention mechanism,incentive and restraint mechanism,etc.,so as to reduce the financial pressure of the state.The seventh chapter is “the construction of state-level regional aid legal system”.This chapter mainly discusses the legal system of state-level regional aid of other countries and the legislative idea of China's state-level regional aid.First of all,the legislative inspection of state-level regional aid of other countries.Other countries' state-level regional aid is generally "legislation-first".The legal system is characterized by the basic law of state-level regional aid as the core,and the single line law of state-level regional aid as the implementation rules,which is of great significance for China to construct the legal system of state-level regional aid.Secondly,the legislative idea of China's state-level regional aid.China's state-level regional aid legislation should be a set of legal system composed of different legal forms such as multi-level legislation and policies,including the basic law of state-level regional aid in the form of law,the single line law of specific regional aid and specific forms of aid in the form of policy,planning and other forms.First,the basic law of state-level regional aid.In terms of formulation,the basic law of state-level regional aid should be formulated by the National People's Congress(NPC),the country's top legislature,and its standing committee.At the same time,local and social participation should be attached great importance to meet the legislative requirements for macro review and guidance of current state-level regional aid policies.In terms of content,it is necessary to coordinate the aid of governments at all levels and their departments to less-developed regions,which involves the general provisions on the concept,principles,objects,methods,performanceevaluation and application of aid.Second,the single line law of state-level regional aid.In terms of the single line law of state-level regional aid,it mainly includes the single line law of specific regional aid and specific aid method.According to the results of the recognition of the state-level regional aid object,the single line law of specific regions mainly include the single line law of state-level regional aid on the old revolutionary base areas,ethnic minority areas,border areas,poor areas,resource-exhausted urban areas,old industrial urban areas with declining industries,and areas with serious ecological degradation.According to the main methods of state-level regional aid in China,the single line law of special aid method in China mainly includes laws on the regional financial aid method,the regional tax preference method and the regional financial support method.In terms of the form of the single line law,in view of China's current legal environment and regional practice of rule of law,the writer believes that the main form of law and regulation is legitimate and feasible.In terms of the level of the single line law and the subject of formulation,the object regions corresponds to the administrative level of China,including five levels:national,provincial,municipal,county,and town(township).Therefore,territorial and spatial planning and regional planning should also be divided into five levels,and the single-line law for spatial and regional planning at different levels should also be divided into five levels.The bodies of the single line law making for different levels are separately undertook by the Legislation Division of the Ministry of Land and Resources Department(across at the provincial level),the provincial resident agencies of the Ministry of Land and Resources and the legislative branch at the provincial level(provincial and a local agency set up by the Ministry of Land and Resources in the province),the personnel designated by the Ministry of Land and Resources and the legislative branch of the administrative level,to which the aid object regions belong,and the Ministry of Land and Resources(administrative levels below the provincial level and the local agency is not set up by the Ministry of Land and Resources in the administrative level);If a specific aid method is involved,the competent authorities involved should participate in the drafting of the single line law of the state-level regional aid.In terms of the content of the single-line method,it is necessary to further refine the criteria for object identification,clarify the applicable aid methods in specific regional,and make special provisions on the main aid methods such as regional financial aid,regional tax preference and regional financial support.In terms of the implementation and supervision of the single-line law,it isnecessary to strengthen the application of performance evaluation of state-level regional aid,further formulate detailed plans,make full use of the basic information platform of territorial space,and maintain stability. |
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