Research On The Reform Of Chinese Administrative Division Under The Rule Of Law Perspective

Administrative divisions, refers to a country’s land is divided into different levelsand different size administrative regions,according to the needs of statemanagement,and in accordance with relevant legal and policy provisions.The reformof the administrative divisions is the meaning of the title of China’s socialist legalconstruction, adjustment of our Constitution, the essential requirement of theadministration according to law. Studying the reform of China’s administrativedivisions under the vision of the rule of law is necessary.In addition, the theory of thestate, the principle of the level and extent,the theory of intergovernmental relations,the theory of coordinated regional development and the theory of administrativeaccording to law is important and oretical basis for the AdministrativeDivision.Chinese dynasties attaches great importance to the administrative divisions,but very few legal requirements,but mainly rely on the king’s rule powers.China is stilclinging to this administrative control mode. The weak point of China’s administrativedivisions under the vision of the rule of law can be found in the following main issues:The legislation does not fully reflect the democratic spirit;the contents ofof the relevant laws is imperfect;legislative effect is relatively low and the legislativeprocess exist problems;the relevantlaws and regulations is not enough enforcement.The causes of the problems are: strong traditio of rule of man; market economy at anearly stage; the rule of law mechanism is not perfect; the rule of law socialunderdevelopment. Overseas administrative divisions can be divided into twomodes:common law and civil law,its focus on the "rule of law”, and “scientificmanagement" concept, the legislation is conposed by the Constitution and law,andvery pay attention to protect the interests of citizens, This is an important referencefor China. In short, the reform of China’s administrative divisions should follow therule of law, due process, democracy and power constraints principle. China shoulddevelop a detailed"administrative zoning laws” and rules for the Implementation.Among them, set the subject and authority, administrative division level, thestandard-setting and the setup program, dispute settlement mechanisms are importantcontent.