Constitutional Study Of The Configuration Of The Budgeting Power

Budgeting power is not only an "economic problems" or a "political issues", itis more a constitutional questions.The establishment of the modern budget system isoriginated from the rise of modern politics, thus it is also an important symbol ofmodern democratic politics. At the same time, the control of the governmentbudgeting power is both the foundation of implementing constitutional governmentand the basic strategy of exercising constitutional government.Since the essentialconnotation of constitutional government is to control the state power and the controlof the national budgeting power is the foundation of power restriction, the essence ofand key of the construction of Chinese constitutional system lies in the reasonableconfiguration of budgeting power and legal regulation. According to the currentconfiguration mode of the budgeting power prevailing in the world and the majorityof experts and scholars, the restriction through separating power is the best way is toconfigure the budgeting power. It can maintain power balance, and prevent the abuseof power, thus ensuring the efficient performance of the budget system, andachieving the requirements of the constitution. Based on this view, this article firstelaborates the basic concept of budgets, and then discusses the configurationprinciple of budgeting power and the connotation, extension, value, purpose andlegal basis of the specific powers and function of the budgeting power.This articlealso summarizes according to the budgeting power configuration in typical countriesand regions to provide reference for the research, and at the same time under thebasic requirement of constitution regulation and constitutionalism, analyzes thecurrent budgeting power operation system and power configuration in China withthe focuses including the problems existing in the current budgeting powerconfiguration, and its future development and improvement under the new "BudgetLaw".The core of the modern constitutional governance lies in limiting the abuse ofpublic power, and protecting the citizen’s personal rights. And either the transverse separation of budgeting power or the longitudinal separation of budgeting powerstart from decentralize the excessively centralized budgeting power under theplanned economy system to various functional departments of the country and thebudgeting subjects at different levels, in order to realize the optimal allocation oflimiting budgeting power, and ensure that the national finance funds can beoperated in a scientific, standard, legal and democratic manner. Thus, as it were,configuration of budgeting power has become an important standard measuringmodern politics, but China still has no complete budgeting power configuration. Atthe same time the reform of budgeting power configuration is ongoing in China, butthe main theoretical research focus in the field of finance theory and the theory of taxlaw with less attention on related legal problems. In other words, there are morefinancial research than constitutional research. Since the constitution is thefundamental law, its standard value is supposed to obtain enough attention. Thereason is that the constitution only has rough framework of standards for the budget,and people usually have inadequate knowledge of the effectiveness of constitution.In fact, although the Chinse constitution only have simple provisions for the budget,seen from the constitutional text as a whole, the constitution still providespecifications of fundamental law for the improvement and development ofbudgeting power configuration in many aspects, thus providing the specificationbasis of constitution for the optimization of budgeting power configuration. To bespecific: constitution basis of democratic budgeting; constitution basis of thelegalization of budgeting; constitution basis of budget supervision and constitutionalresponsibility basis of financial resources allocation. In addition, since the nationalfinancial capital is mainly used to provide public goods to the public and is involvedin vital interests of every citizen, thus ensuring the healthy operation of the nationalbudgeting power through legalization and democratization under the architecture ofconstitutional system also is a kind of guarantee for civil rights. So to speak, theimproving decentralization system of budgeting power in China must be asignificant development of the constitutional government. Thus, the significance ofstudying the budgeting power configuration lies in specifying power exercise,improve the role of budgeting, perfecting the democratic politics, implementing constitutional government spirit, and truly making the people benefit from nationalfinance and making the budgeting system truly provide services for the country anddemocracy.The budgeting power configuration and the budgeting system in China iscontinuously improved and developed, but they are still not perfect enough withmany problems. According to the present situation of the budgeting powerconfiguration, the most important problems include the balance of budgeting powerconfiguration and the weakening of the power of the National People’s Congress,which also are the key research problems in this paper and in the future.