Discussion On The Relationship Between Central And Local Governments In China Rule Of Law

As is known to all, the relationship between the central authority and the local government is a huge issue both in the political angle and social perspective, so the way of solving that problem has become a significant historical topic which we are unable to avoid. The pervasive way of handling that problem is to make the relationship legalized, which has undoubtedly provided a feasible resource for our country. Our country tradition constitution study theory has made itself fell into the dual epistemology mire on the state structure form question to be inescapably involved. It goes that there are only two forms of the state, either the federal system or the unitary system .Without providing clear and distinct differences, it is still unpersuasive. The author is attempting to open a new scope of vision on the central authority- local government relationship problem research by both getting rid of the traditional state structure form pattern and absorbing the merits of tradition constitution study on unitary system and federal system. Since the central and local government relation is an extremely great thesis, the author will confine it to the relationship between the central authority and the provincial government.Legalization of the relationship of central and local government is not mere concept, but has its own rich connotations. It means the establishment of a vertical pattern with the ability of moderately separating and schematizing the public power between the central and local governments, which conforms to the democratic political development and the construction of the socialist state ruled of law, adapting with the socialist market economy, conforming with the construction of a socialism harmonious society ,as well as realizing a much more democratic, scientific system on distributing public power, which is the necessary requirement of accelerating our market economy ,constructing a harmonious society and human rights guarantee.This article is trying to design the basic system of the legalization of the relationship of central and local government. In my personal point of view, the system mentioned above mainly includes the central authorities and local authority's characters and their legal status, the public power division, the legalization of surveillance mechanisms, local benefit expression and the balance mechanisms. The scientific reasonable central authorities and local authority's status is the relation's premise, the power division is its foundation and core, and the legalization of the surveillance mechanisms, and benefit expression and balance mechanisms is an essential guarantee of great importance. The basic system of the legalization of relationship between central and local government is an internal unified, coordinated and interdependent system mutually. And together, the internal parts themselves they constituted the engineering of the legalization of relationship between the central and local government, a huge political and the social project.Through reviewing the relationship's historical development of our country, the author holds that we should first be clear about the legal status and power division of the central authority and the local governments, then transform the surveillance mechanisms, as well as establishing the local interests expression and balance mechanism.