Legalization Of China's Central-local Relations Thinking

In recent years, with the socialist market economic system, the continuous development and improvement, the realization of the relationship between central and local governments caused by the legal system of jurisprudence increasingly widespread concern in the majority of scholars. For central and local relations, scholars have different views. The author believes that the relationship between central and local governments in accordance with a comprehensive means of establishing the socialist market economic system, the implementation of the central and local government management at different levels, so levels of the management rights and duties of the relationship. The relationship between central and local governments refer to the legal system through legal means standardizing the relationship between central and local governments will be the relationship between central and local governments included in the actual operation of the framework of the rule of law, that is, the central power in the vertical configuration, the division of responsibility, resources and the distribution of benefits, shared responsibility, the through the statutory procedures, as well as adequate legal basis to give guidance to local, supervision and control. The realization of the relationship between central and local governments of the legal system, that is, the form of the Constitution and the law to define, standardize and safeguard the relationship between central and local governments. Specifically, is the use of the Constitution and laws of the central and local governments to carry out its terms of configuration and define the functions of the central government management of their own within the scope of things, where local governments are within the scope of things, carry out their duties, duties, in this premise, the central government the way the leadership of local government, means, methods and procedures must be law, rule-based, a set of adjustments in order to establish the relationship between central and local governments of the legal system, the final will be the relationship between central and local governments included in the operation of scientific and legal track, the relationship between central and local governments to achieve a virtuous circle, which gradually formed with Chinese characteristics, a reasonable relationship between central and local governments.China is a political and economic development unbalanced system is in a transition phase of the big developing country, the relationship between central and local governments in China has been the most complex problems and achieve the relationship between central and local governments of the legal system, not only building a socialist country ruled by law should be have meaning, but also the development of the socialist market economy and the inevitable requirement of socialist democracy. Whether the relationship between central and local governments to achieve the legal system will have a direct impact on national unity, political stability, economic development and social progress.At present, the relationship between central and local governments to achieve the rule of law in the process there are still many problems, the more prominent are: the central to local administration of the arbitrary separation of powers; central and local authorities and the division of property has yet to fully embark on the track of the legal system ; central and local lack of effective supervision and control. I think that over the root causes of the problem lies in the relationship between central and local governments lack of standardization and systematization. Based on the above-mentioned problems arising from the analysis of the reasons, I put forward to solve these problems the four initiatives: 1, learn from other countries the relationship between central and local experience in a mature legal system; 2, modify and improve the current constitution; 3, to develop, improve and consistent with the constitutional principle of separate legal; 4, the relationship between central and local governments to improve legal procedures.In this paper, focusing on the relationship between central and local governments to define and change, the realization of the relationship between central and local governments of the need for the rule of law, the relationship between central and local governments to achieve the rule of law of the main issues to be addressed to realize the relationship between central and local response to the legal system of the four aspects of thinking , before and after the reform and opening up the relationship between central and local governments to inspect, analyze the relationship between central and local direction, and then come to the conclusion: that only the relationship between central and local governments to achieve the rule of law is the only reasonable construction of the new relationship between central and local governments. Among them, the realization of the relationship between central and local response to the legal system is thinking innovation efforts in this article. I hope this article can be in the new period of building a socialist country ruled by law have some positive impact.Rational construction of new relations between central and local governments must fully take into account China's specific national conditions, take it for granted or copy other countries to deal with the relationship between central and local modes can not effectively solve the practical problems in China. Only the combination of China's reality, continue to explore and reform, to the eventual realization of the relationship between central and local governments of the objectives of the rule of law.