On The German Local Self-government

The Third Plenary Session of the 18th Central Committee of the CPC has proposed the modernization of the national governance system and capacity as the overall goal of deepening the reform comprehensively.The proposal of the modernization of the national governance system and capacity provides new thinking and way for the solution of the problems that have come into being since the reform and open with the further development of the economy and society.To make an important extraterritorial reference for the democratic construction and construction of rule of law of local and social governance of our country and also for the construction of the modernization of the national governance system and capacity,the research of the text focus on the German modern local self-government,more exactly the relationship between the German local self-government and German democracy.The research of the German local self-government will also help us to understand the relevant contents of the German local self-government.The German modern local self-government arose in the early of 19th century.The symbol of the German modern local self-government is the Organic Law of Cities in Prussia of 1808.The German modern local self-government has effectively promoted the development of the democracy of Germany.That means the burghers obtain the political rights,the burghers can elect the representative of city and participate in the public affairs of city,the representative of city can administrate the public affairs of city and elect the mayor,the representative assembly of city can make decisions for all the public affairs of city.The action of self-government of cities is the action of democracy.The system of self-government of cities is the system of democracy.This is the relationship between local self-government and democracy at that time.After the building of Weimar Republic,the whole country has implemented democracy.The local self-government is part of democratic system.The local self-government and the democratic system coordinated and developed with each other.But the democratic system did not implement for a long time.After Nazi came to power,the democratic system and local self-government were abolished.The local self-government and democracy revived after the second World War.According to the Potsdam Agreement that the principles of the rebuilding of the country are democracy and decentralization.The local self-government is the important content of democracy and decentralization.The local self-government played an important and basic role in the rebuilding of the towns and states.As an important part of the state,the local self-government participated in the building of the federation.The Basic Law is the symbol of the establishment of Federal Germany.Article 28 paragraph 2 of the Basic Law provides the local self-government,that means as democratic institution the local self-government has integrated into the whole democratic system of the country.After the integration with the democratic system of the country,the local self-government begins its work.From the internal perspective,take the township autonomy as example,as the organizations of the township autonomy,the representative assembly of town and town mayor divide the work and coordinate with each other.According to the relevant laws that the citizens can participate in the township autonomy.Due to the particularity of the town,the citizens can have an influence on the representatives of town and town mayor with formal and informal way.Therefore,the representatives of town and town mayor can serve to greater extent their citizens.This makes the popular sovereignty realize not only in the conference of the representative assembly of town,but also through the process of interaction between the citizens and the representatives of town and town mayor After the research of the local self-government with the internal perspective,the nature of democracy of the local self-government can be proved.From the external perspective,the town can make decisions for all the affairs that relate to the social lives of the citizens.The legal restraint to the jurisdiction of town is not arbitrary.According to the decision of the Federal Constitutional Court,the hardcore of the township autonomy is not limited.This makes the democracy of township autonomy be retained during the external operation.The demarcation line between township autonomy and county autonomy is that the town autonomy takes in principle the first place and the county autonomy has the function of assistance to the town autonomy.When the right of local autonomy is infringed during the operation of local self-government,the town and county can access to court,especially access to the Federal Constitutional Court.Based on the Federal Constitutional Court,the right of local autonomy can be maintained,the democratic operation of the local self-government can be resumed and the liberal democratic order of constitution can be defended.In a word,based on the research of the relationship between the German local self-government and the German democracy,the conclusion can be drawn that the German local self-government is an important way to realize democracy in Germany.This way indicates that democracy is not only the representative democracy,but also the participatory democracy that embodies in the daily life of the citizens.The research of the local self-government can give us the enlightenment of democracy,national integration,good governance and rule of law.The German local self-government can give us an important extraterritorial reference for the democratic construction and construction of rule of law of local and social governance of our country and also for the construction of the modernization of the national governance system and capacity.