Central And Local Economic Power Configuration Specification Baseline Study

To handle the relationship between the central government and local governments properly is important to the economic development and stabilization of a nation. Delineation of the distribution of economic power between the central government and local governments is the key to put it in good order. In the present China where the rule of law has been established, the legalization of the relationship between the central government and local governments is not only the intrinsic demand of market economy but also the inherent intention of democratic politics. The tripartite framework of market, government and rule of law is the basis for the establishment of economic law institutions and the relationship between the central government and local governments.As the basic form of law for the nation to interfere with the economy, economic law was a product of the tripartite framework of market, government and the rule of law. One of its core missions is to regulate the distribution of economic powers between the central government and local governments. In order to regulate the distribution of economic powers, the criteria for such regulation must be made clear first Criteria for such regulation are the basic value orientation and judgment of legal systems and the primary guidance for the formulation and implementation of laws. The establishment of scientific and reasonable economic law institutions regarding the distribution of economic powers of the central government and local governments requires us to return to the framework of market, government and the rule of law. A clear understanding of the criteria for such regulation not only is the basis for us to further formulate the legal institutions for the distribution of economic powers between the central government and local governments but also is the basic guarantee for the formulation of appropriate institutions for the social market economy.This paper begins with thinking about the relationship among market, government and the rule of law, and is concerned with the problems of vertical distribution of economic powers within the government The paper, on thebasis of a grasp of the relationship of market and government under the rule of law, tries to probe into the legal criteria regarding the distribution of economic powers in central government and local government from the perspective of economic law. The paper consists of six parts:Part I: IntroductionIn this part, the author establishes the tripartite framework of market, government and the rule of law through analysis of the relationship of market, government and the rule of law. The author holds the opinion that this tripartite framework is the basis for regulations concerning the distribution of economic powers between the central government and local governmentPart II: The Economic Power of Government and the Regulation ThereofThis part reassesses the nature of the economic power of the government and elaborates on the nature of economic power of the government as pubic goods and the necessity for legal regulations, which leads to the central role of economic law in regulating the economic powers of the government and the vertical distribution of economic power of the governmentPart ffl: The Role of People and Market in the Regulation regarding the Distribution of Economic Power between central government and local governmentWithin the framework of market, government and the rule of law, this part analyzes the ultimate role of people and the basic role of market, which leads to the two criteria for regulating vertical economic power of the government, namely the people's pubic interests and the market mechanism.Part IV: The criterion of people's pubic interests in the distribution of economic power between the central government and local governmentThis part focuses on the criterion of people's pubic interests in the distribution of economic power between the central government and local government, elaborating on the connotation, manifestation and the vertical conflicts of public inter...