Research On Institutional Innovation Of Legal Construction In Local Government

The legal construction of local government constitutes the essential part of national legal construction and the level of local legal construction is critical to the success of national legal construction, playing a critical role in the legal construction. During the exploration of local legal construction, the backward and rigid system is found to be the common obstacle of legal construction. Under this circumstance, it seems more important to conduct the system innovation in the local legal construction so as to vitalize the whole system. The system innovation is an inevitable outcome of regional social development and human capital competition and the effective means of refining and completing local legislation and implementing the legal system at a national level as well, exerting an important influence in innovating government management system, improving the government’s administrative efficiency, building the government which can satisfy people’s need and giving play to the government’s administrative management ability.In view of the important value of institutional innovation in the local legal construction, various regions of China are successively engaged in the local legal construction and bring the regional subjective initiative into full play to carry out the system innovation which is favorable to the local legal construction based on the unification of national legal construction. This thesis selects Hefei city as the major research object for the following reasons:With the rapid development of economy, Hefei city increasingly makes a bigger and bigger stride forward on the road of legal construction and has achieved the remarkable fruit in terms of improving the local legislation, promoting the ability to govern, accelerating the judicial justice and establishing a law-based government; Hefei city has been awarded such titles as the Advanced City for the Nationwide Legal Publicity and Education and the Excellent City for the Nationwide Overall Control of Social Order and been selected as one of the first batch of comprehensive pilot cities in social management innovation in China; it has carved an innovation-driven path with its own characteristic gradually in the legal construction by virtue of the constant increase of its innovation ability. This thesis takes some typical systems with the characteristics of Hefei innovation to verify the theoretical study of this thesis, mainly including the system of public discussion on the administrative penalty, the civil servant transfer system and the construction of removal of illegal buildings. Among these practices, some are created originally by Hefei while some is innovated on the basis of available practice, all of which have obtained impressive effect. Therefore, these systems are worth referring and the experience of innovation is thought-provoking.The local government not only should attach importance to the value of institutional innovation but also should provide favorable social environment and institutional environment for the institutional innovation in boosting the institutional innovation of legal construction. It should adhere to the principle of people-oriented approach, adjusting measures to local conditions and administration by law and promote the institutional innovation of legal construction from such aspects as improving the scientificity and effectiveness of decision-making mechanism, motivating the innovation ability of civil service, increasing the participation degree of citizens and establishing the incentive mechanism and the supervisory mechanism so as to enhance the vigor of legal construction of local government, supply the national legal construction with sufficient reserve force and thus ultimately accomplish the great goal of national legal construction.With respect to the innovation points, this thesis employs the empirical analytical method, and adopts cases of the innovation of Hefei city to polish the theoretical part, integrating the theory with the practice and making the thesis more vivid and convincing. Eventually, it comes to the key part of this thesis, namely, the author points out the reference for the institutional innovation in the local government’s legal construction and aims to make some contribution to the study on the legal construction of China by the study on this system.