The Rule Of Law, On The Central And Local Power Relations

To realize national government, any country must take a certain degree of organizational structure on the allocation of state power, including vertical allocation and the horizontal one. The horizontal separation of powers is that the traditional separation of power, which refers to the distribution of power between government apartments; while the vertical separation of powers is about how to organize the state, which means how to distribute the power between different lever governments, especially between the central and local governments. Separation of powers, nowadays, is necessary demand to a constitutionalism country; however, traditional theory pays more attentions to the horizontal separation of powers and the vertical separation of powers has always been neglected. Therefore, successfully handling the relations between central and local power will promote national constitutional construction. Successfully handling the relations between central and local power is premise of realizing the legalization of the relationship between central and local governments. The reforms of relationship between the central and local government in our country many times fail to success mainly due to the division of power between central and local government lack institutionalization, standardization and legalization, in the final analysis is due to the absence of constitutional culture of our country, the lack of the necessary separation of powers and supervision of cultural awareness. This leads to power between the central and local governments in an unbalanced and unstable state, and power always floats between the central and local governments. When coming to the disputes of power relations between central and local, there are no corresponding neutral, authoritative body to resolve those disputes, and which results in the central and local power relations only relies on the unilateral will of the central authorities with an unstable state. Enhance, enacting Central and Local relationship Act to divide clearly power between central and local government, and establish Central and Local Relationship Commission to resolve the disputes between the central and local government, institutionalizing and legalizing the relationship between central and local authorities to achieve, and finally promoting the relationship between central and local governments to the direction toward the rule of law.The thesis includes three chapters:First chapter mainly introduce the theories basis of the separation of power between central and local government, and it will focus on the constitutional basis and basic principles of the division of powers between central and local. As the two basic elements of constitutionalism, democracy theory and the theory of separation of power provide two constitutionalism basis for the division of power. In this paper, we summarizes some principles of division of power that the relationship between central government and local authorities must follow. Second chapter focuses on the normative analysis of division of powers between central and local. Firstly, despite the political system is different, but the constraints of power, or vertical configuration of power is still a corresponding experience, so we can learn experience from the West countries'division of powers between central and local. This section focus on analyzing the western countries, mainly through a single system and the federal central and local governments to regulate the division of powers analysis, to learn how to the western countries conduct a longitudinal division of the state power as well as in practice, how to protect and develop boundaries between the central and local authority. Secondly, mainly learning from the current text of the Constitution of our country as well as the Legislation Law of our country to analyze the current division of powers between central and local, and found out flaws and shortcomings through the analysis of legal texts, in order to improve China's central and local governments provide the basis for the division of powers.Third chapter mainly talks about the legal framework of central and local governments. Firstly, enacting Central and Local relationship Act is the premise of legalizing the relationship between central government and local government. Because our existing relationship between central and local governments relies on central government unilaterally has been the main cause of instability of the relationship between central and local government, therefore, it is necessary to regulate the relationship between central and local government by law in order to protect the stabilization, standardization and legalization of the relationship between central government and local government. Secondly, it is necessary to set up an independent central-local relation Commission to resolve the disputes between central and local government, and finally legalize the relationship between central and local authorities.