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System Of Reeducation Through Labor System Was Abolished After Rehabilitation

Posted on:2015-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:L C WuFull Text:PDF
GTID:2296330467954625Subject:Constitution and Administrative Law
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The relationship between central and local governments is a basic problem in a moderncountry in political life important and can not be avoided. It is closely related to national unity,political stability, economic development and social harmony and progress of the overallsituation. For the power allocation problem in treatment of complex relationship betweencentral and local governments, however, a government’s governance category multitude,different countries have their own particularity, the respective therefore, division between thecentral and local government is extremely important, but never get the full research and thediscussion.This paper is divided into three parts:The first part mainly introduces the basic category, the governance division. At presentin the academia for governance concept was not unified standard basic, in extension andinterpretation, is unable to agree on which is right. So the author from the perspective ofmeaning the governance concept, the relationship between the governance and the propertyrights, the disbursement responsibility to do comparative study, the author defines the conceptof governance, which is a domestic different levels (central and local), different types (centraland local, national autonomous regions and the Special Administrative region and otherregions have) public authority and shall perform the duty of public service.The second part, mainly discusses two issues, namely the causes of our current status ofthe power allocation as well as the main existing problems. Firstly, through the normativeprovisions, summarizes in our country at present the main central governance, localgovernance, the sharing of responsibilities, then on the basis of the status of China’s CentralLocal Governance Division and its existing problems were analyzed, respectively is: notaccurate positioning (government "more","Absence" phenomenon frequent), unreasonableallocation (cross power central overlap, unreasonable organizational), the law does notspecifically (without practical operation principle, constitution and other relevant laws andonly a few central and Local Governance Division). The causes of these problems, the authormainly has the following several reasons: lack of supporting the corresponding legislationpower allocation, the allocation of administrative power; the power dividing line is not clear, isomorphism seriously; the division of powers not unified division principle; do not adapt tothe lack of responsibility and expenditure; effective accountability and oversight mechanisms.The third part, mainly according to the above problems the author reflections on thedivision of powers under the rule of law. First, a sound legal system of central and LocalGovernance Division, mainly engaged in the constitution authority and develop "two aspects"of the relationship between central and local law. Second, clear the powers of the unifiedprinciples of classification, mainly include: both central and local two active principle; unityand flexibility of combining principle; legal principle; principle of restricting power. Third, toestablish the responsibility and expenditure to adapt system, improve the expenditureresponsibility center, further reasonable division of intergovernmental expenditureresponsibility, matching with the division of powers, to avoid "for a supply of something."type of central local relations.
Keywords/Search Tags:Powers or authority of office, Divide the powers or authority of office, Expenditure responsibility, Rule by law, The division of authority, The relationship betweencentral and localgovernments
PDF Full Text Request
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