Study On The Relations Between The Central And Local Governments From The Angle Of Economic Constitutionalism

The adjustment of the relation between central and local government is important to the continuous development of the market economy and the national stability. And it is an great theatrical study proposition focusing on the age. Penetrating the relation of the central and local government of china, we can see that the macro-control of the central government was challenged by local government, there are acute contradictions between the central and local government. The structure model of sovereign country is the core of the contradiction between the central and local government. Comparing the federalism which shows the advantage of constitutionalism, Chinese structure model of sovereign country has the feature of ruling by man. There is lack of appropriateness, democracy and the balancing of power in the allocation of the economic power between the central and local government. This lead to the loss of norm in the game between the central and local.The innovation of Chinese model of single allocation should reject the model of ruling by man and refer to constitutional government model of federalism. Economic constitutionalism, as the democratic politic rule of the economic scope, fuses the structure model of nation, democratic political system and the market economy system with constitutionalism, and eliminates their contradiction in interest. It accords with the requirement of economic democracy and allocating the economic power with market principle between the central and local.The allocation model between the central and local government of western developed countries tend to be similar because the influence of the development of market economy. The sovereign country and federalism tend to fuse each other. The federalism sticks its advantages and adopts the governing factor of sovereign country in order to enhance the federal government's power; in the other side, the sovereign country just do the opposite. The relations between the central and local of the western foreign countries supply good revelation for China to innovate the allocation model of the relations of the central and local government.The allocation model of relations between Chinese central and local government should adjust the relations between the central and local in the rules of dividing the boundary by constitution, according to the market, adequately centralization, autonomy with classification, ruled by constitution, and it should practice the economic constitutionalism based on the premise of sovereign country; the institutional arrangement of the future relations between Chinese central and local government will consist the rules of the economic constitutionalism in the specific institutional arrangement, and affirm that the power is allocated by constitution, the power of finance is allocated by law, the government's management should be democratic, the system of coordination is dynamic, the control system is institutional, in order to promote the harmonious interaction of the relations between the central and local government.