The Research On The Construction Of The Mechanism Of Dispute Settlement Between The Central Government And The Local Government With The Background Of Market Economy From "Tieben" Point View

Theoretically the central government and local government are a pair of interdependence contradiction which are not in line with each other normally. With the booming of the market economy in China the new features of the contradiction are emerging: the pluralizing of their own benefits gradually gives birth to the sharp conflict of the benefits of the two governments. Presently the contradiction between them originating from the deepening reform and opening to the outside world of Chinese economy market system has to be settling down in the process of the development of the economy. It is urgent constitutionally that the construction of the dispute settlement mechanism should be done between the central government and the local government. Currently our dispute settlement mechanism of power distribution between them conforming with our political system is incomplete. With the deepening reform of the local political system and the delegating of power to lower lever and on the basis of the clearing of the power of legislation between them and the reasonable dividing of their responsibility and duty in finance, taxation and investment etc, we should consummate the law about the power dispute and establish the organ of power dispute settlement . Only with the background of our current laws and regulations , Chinese realities and the frame of the development of Chinese society can the mechanism of dispute settlement be constructed ,taking into consideration politics ,economy, culture and society. The allocation of legislation, executive and judicial power must be put into law and systemized. The solution to the contradiction between the central government and the local government must be get and done in the field of legislation, executive and judicial systems, with the protection of the national benefits and local privileges.