Research On The Constitutional Reform Of "City Governing County" System

Since the foundation of People's Republic of China, the development of the Constitution and the changing of laws gradually made it certain that jurisdiction right over the county shall be only granted to "large cities" in the constitutional pattern of administrative divisions. However, along with the wide spread of the "city governing county" system, nearly very prefecture-level city has the right of jurisdiction over county. Local-leveled governments break the province-county-rural 3-leveled government system, and promote to develop into province-city-county-rural 4-leveled government system. Although the "city governing county" system has ever played a positive role to a certain extent, it made a negative impact on our country's constitutional order now since the existence and development of this system had no constitutional foundation and was unconstitutional.This paper from the point of view of Administrative Organization Law and Constitution, combined with the relevant knowledge of economics and administration, makes legal analysis on the "city governing county" system. With the comprehensive consideration of the actual situation of our country, proposes suggestions on how to construct the new relationship between city and county in the constitutional framework. In order to more clearly show the nature of rational relationship between city and county under the vision of law, this paper is divided into five parts.The first part is about the constitutional meaning of "city governing county" system. This part will analyze the types of cities and counties prescribed in Constitution, explore the constitutional meaning of "city governing county" system, and discuss the constitutional issues on "city governing county" system.The second part is about evolution and drawbacks of "city governing county" system. This part will introduce the process of the evolution and drawbacks of "city governing county" system after the foundation of our country, and also will present the negative effect upon politician, economy and culture by "city governing county" system evolved from the context of planned economic system in the context of market economy system.The third part is about the relationship between cities and counties and city-county systems of other countries and regions. This part will introduce the city-county systems of America, Germany and Taiwan region, summarize their common grounds and make comparison with the city-county relationship of our country.The fourth part is about the reconstruction of the relationship between cities and counties. This part will discuss the constitutional space under which the "city governing county" system is converted to the "province governing county" system currently, and provide theoretical basis for the return to the constitutional system of administrative divisions.The fifth part is about the legislation envisagement of the relationship between cities and counties in the constitutional norms. In this section, by amending and adding the provisions about the relationship between cities and counties of Constitution, establishing "Local Law", "Municipal Organization Law", "County Origination Law", "Administrative Law", "Procedural law of Administrative Reform" and other relevant laws, thereby legal insurance will be provided for the reconstruction of city-county relationship from the legislative view...