Dealing With Disputes Of Functions And Powers Between The Central-local Governments

Central-local relations in any one of the world political civilized country are very concerned about the constitutional issues, and how to resolve local disputes with the central authority is the core issues which central and local governments deal with.China is a vast unitary state, the differences of political, economic and cultural development between each region are quite large. The important issue of Chinese government to solve is how to balance and regulate disputes when the central government and local authority occur; especially with the deepenings of economy and political system, how to maintain national unity, and how to play the enthusiasms of various region better, promote the vigorous development of various undertakings comprehensively. This is also the academic difficulties which places in front of Chinese jurists. Developed countries concern about how to resolve the disputes between central and local authority earlier. Many countries had formed a complete regulatory mechanism.Well,at present, in our country ,the resovion of the disputes of central government and local authority is based on the field of legislative regulation limitedly.At present, legal mechanisms of china resolve the central government and local authority to the legal dispute mechanism is basically limited to the field of legislative regulation. The main thing to rely on is unilateral means of administrative intervention. So,at recent years, the rulers and the legists of China focus on the problem of how to improve legal regulation mechanism of central and local governments.This paper analyzes the fight against the real estate market conditions between the central and local management. The contradictions of Chinese central government and local authority are sharp, but short of effective regulatory mechanisms. So completing law regulating mechanism of central and local authority dispute is very necessary and urgency. In the "Definition" of the relationship between central and local governments, authority dispute between central and local ,local and central regulatory mechanisms of legal dispute the concept of a generalized summary and interpretation, while involved in this specific meaning of the concept of a defined. Author summarized the study of central and local authority regulatory mechanism of different scholars, and analyze the research of scholars'in this field achievements and shortcomings respectively. Further it pointed out the direction of this article.The first part of this thesis is"the investigationof the status of China's central and local authority regulatory mechanisms .Author through the method of historical analysis summarizes China relationship in historical evolution between central and local govenment and the development of adjustment mechanism. Through the way of contradiction analysis, finding out the existing defects, including: Dispute regulation mechanism of rule-of-law level is not high; The legal adjustments limited in legislation regulating field.;more reling on one-way administrative adjustment method,and so on. Further analysis of the causes of these defects: central and local authority division is not clear, judicial adjusting mechanism of central and local authority are absent in many factors.The second part of this thesis is the main mode of "central and local authority disputes in foreign country and the enlightenments."As to how to solve these problems, the author first using comparison research method analyses the main mode of central and local authority dispute in the developed countries and the running mechanism in their respective countries. Through comparing, generalizing the pattern of solving central and local authority dispute in the developed countries mainly include five modes. Ordinary judicial system processing mode; Specific judicial system processing mode; Specially set up agencies processing mode; Ordinary judicial system combine with Specially set up agencies processing mode; Specific judicial system combine with Specially set up agencies processing mode.Through the analysis realized that in the constitution and the law level to differentiate clearly central and local authority can effective prevent the generation of the central and local authority disputes, at the same time adjustment mechanism can effectively run and play its full role as the preconditions. Judicial adjusting is the main means of western developed countries resolving central and local authority dispute , playing an irreplaceable role.The third part is " to improve the legal regulation mechanisms of authority dispute between local and central." How to improve the legal mechanisms is the core of this thesis to be solved. The author refered to the experiences of developed country selectively and combined with the Chinese realistic economic and political development, put forward the following Suggestions. Formulate the rules of central and local right , divide the scope of central and local authority in detail, straightening the relationship between the central and local on the constitution level, preventing the occurrence of central and local authority disputes, and providing legal clause for solving disputes. On the basis of this level, author put forward the following suggestions: First,setting up "constitution supervision committee" in the National People's Congress up, as the constitution supervision institution. Perfecting our adjustment mechanism in central and local authority dispute on legislative layer;Second, to consist of "administrative authority dispute ruling agency" in the State Council, and optimizate the adjustment effect of executive power. Third, Through institutions, rules and procedures the three aspects to create the legal adjustment mechanism ,and promote the process of law regulating mechanism.