The Constitutional Thinking On The Reform Of The Administrative Division Of Directly Managing County By Province

The country will be safe when the counties are governed well, the country will be rich, when the counties are strong. County system in China lasted for thousands of years and there were multiple times when the counties were directly governed by the emperor in history. County that policies of all levels should be implemented on is the most basic administrative form of a country. History of western countries also tells us that to be a powerful country of modernization, industrialization and legalization, the country should focus on the governance of basic regime. Since the establishment of our country, there had been several changes of local administrative levels with the evolution of the Constitution and subrogation of law. Ultimately, we implement Administrative Division of"Provinces governing municipals"and"municipals governing counties"from the aspect of constitution, here, municipals merely mean Municipalities and larger cities. But after long-term and comprehensive promotion of the system of"municipals governing counties"in our country, almost all Prefecture-level cities own the right of governing the counties which corresponds to the needs of economic development in this stage, but also leaves potential problems for the constitutional order. The trying out of the reformation of province directly governing the county becomes the urgency of Local Administrative Division's reformation at present in our country. Making a research about its existing from the constitution aspect, is helpful for us to excavate such reformation's constitutional value and to explore the ways of reformation. Therefore, Local Administrative Division's reformation that we are carrying out plays the role of correcting mistakes for Local administrative divisions thus it plays a vital role of implementing pattern of constitution. But it is obvious that such reformation involves a wide range and has great difficulty. This article summarizes the main predicaments according to the information from each trying out province: firstly, lacking supply of Administrative resources; secondly, lacking experience for following as the reformation belongs to be theory of innovation and needs delves of theory. Thirdly, there is great resistance from prefecture-level city as it will bring violent benefits conflicts for weakening their power. Fourthly, it is not practical to involuntarily implement one model for the Unequal development of provinces in our country. Fifthly, after reallocating the regime of provincial government and county government, there are new demands for the three Local-level government departments'position and supervision. Therefore, it is critical how to reform from such aspects. In the end, the article from the Point of Constitution and the theory of constitutionalism's construction mainly analyzes principles and ways of implementing the reformation of province directly governing the county according to some problems emerging in the reformation. We hope it can provide some meaningful thoughts for actual operation.