Study Of Rule Of Law On The Division Of Administrative Powers Between Central And Local Governments In China

The relationship between central and local is one of the problems of the country’spolitical and economic center, while the powers of central and local configuration isimportant. At present, China’s central and local government powers to configure the mainproblems are: awareness of the importance of the configuration of the central and localpowers are not in place, accurate positioning of the functions of government, central andlocal governments have the power asymmetry, the powers of the configuration does notreasonable, not specific provisions of the law on the powers and tax rights and powers.The existence of these problems, resulting in the enthusiasm of the local initiative tomobilize enough, the high degree of autonomy of the local, self-reliance. To solve theabove problems, it is necessary to in-depth study of the basic theory of the configurationof the central and local powers, to explore the principles of configuration of the centraland local powers, modify, and improve relevant laws to achieve the configuration of thecentral and local powers of the rule of law.To this end, the article from the theory of public goods, public goods free-riderphenomenon, the local properties of public goods, public goods, close contact with theprinciple explore the central and local powers to configure the basic theory, basic publicgoods belonging to national provided by the central government, belong to the regionalpersonalization of public goods, by the local government, are public goods across regionsand hybrid, should be based on the principle of sharing by the central government andlocal governments. In order to accurately clarify the central government and localgovernment powers, starting from economics, finance, legal theory, the principle ofconfiguration of the central and local powers to determine the benefit principle, theprinciple of economic efficiency, the principle of proportionality, the rights and powers ofthe tax matching principle, rule of law. Central and local powers to configure the clear,stable and feasible recommendations for central and local powers must be configured togo the way of the rule of law, to improve the configuration of the central and localpowers of the legal system, the central and local powers configured to adjust the rule oflaw and the rule of law, the central and local consultation mechanisms should be the ruleof law supporting measures must be carried out simultaneously with the powers to matchthe right to tax. Full play the enthusiasm, initiative of the central government and localgovernment, central government and local government relations, the role of local government functions and benefits tend to be analyzed to explore the egitimacy of themodern local self-government, democracy, the masses, diversity of characteristics, andanalysis of the rule of law on local self-supervision.