On The Central-Local Relation From The Perspective Of National Rule Of Law

Any country must correctly solve the relationship between central and local government, and achieve the coordination of relations between central and local development. This has a bearing on the country's political stability, national unity and economic development, and it also concerns social stability and prosperity. Especially China now is in a critical period of development, if the central-local relation can be handled properly, it may give effective play to the initiative of both central and local government, and become the propellant of development, and vice versa. Therefore, how to rationally resolve the relationship between central and local government in China, has become an urgent issue needed to be settled.Traditionally, there are two contrary views concerned with the relationship between central and local governments. The "totalitarian theory" asserts to strengthen the central power and the implementation of vertical management, weaking the local authority; the "separation of powers theory"the other claim is to limit the central power and to expand the local authority. The two views appear alternately or simultaneously, and in different times, facing with different social situations, their performance is different. In fact, there is neither purely centralized system nor purely local self-government system in the modern market economy countries, but the different degree of centralization and decentralization due to different national situations. This thesis, from the perspectives of national rule of law, is to study the relationship between central and local governments, hoping to build on all levels between central and local legal system to regulate the behavior of both, so as to resolve the problem of both issues through the rule of law. The thesis is divided into three parts. Part one defines the relationship between central and local connotation, then discusses the problems existed in the relationship of China's central and local government: no clear division of responsibilities and authority, excessive centralization, uneven interests between the central and local, and analyzed the main reasons for these problems are the lack of China's democracy and the rule of law, the incoordination of political system and economic system and the inadequate supply of the legal system. Part two clearly points out that the rule of law is the fundamental policy to solve the relationship between central and local governments, sets forth the content and principles of the rule of law between the relationship of central and local government, and points out the necessity of realizing the law-based relationship between central and local governments. Part three probes into the concrete ways of realizing the law-based relationship in depth between central and local governments. Firstly, renew ideas, and achieve the conversion from administrative decentralization to separation of powers between the central and local government. Secondly, strengthen the legislative building of the relationship between central and local government, mainly amending the Constitution and making central and local special laws and the corresponding laws. Thirdly, Chinese central government and local dispute resolution mechanisms have been studied, points out that to solve the conflict between central and local government, in addition to constant improvement the executive's internal dispute resolution mechanism, model can also be the introduction of the administration of justice, and make judicial power play a positive role in the central and local relations.This thesis asserts that the relationship between central and local government can get a better solution only through rule of law. Therefore, we must from the national-rule of law, adopt effective measures, establish the new relationship between central and local governments, which conforms to Chinese national conditions and democracy development requirements, and contributes to social progress and development of productive forces, and achieve the relationship between central and local rule of law.