Under The Law Of Local Government Governance

Under the law the finance of local government is proposed as an important reform task in the eighteenth third and fourth plenary session. “Comprehensively deepening reform in the certain major issue decision” clearly put forward, it is necessary to fully perform the functions of the government in accordance with the law and promote the function, permission、procedure,responsibility of government legalization. The foundation of local government legalization is to configure the power of the central and local government in the form of constitutional amendment and the principle for all levels of government powers. It is also necessary to configure the local governments in the form of local regulations. Since the founding of the state, the central government devolves powers to local government for many times, and recovers the power.At the same time the power of the government at all levels have been adjusted. Now great changes have taken place in the power of local governments in China, but there are many problems, such as Isomorphic responsibility, unclear power boundaries,the lack of local government and offside phenomenon, etc. The emergence of these problems has a lot of contact with them,such as unreasonable administrative hierarchy,the configuration of the fuzzy legal norms for all levels of government powers, the lack of local interests expression and balance mechanism, the executive non-standard problems of local government powers, the lack of corresponding responsibility and supervision mechanism.The finance of local government under the law is related to the healthy development of market economy, the modernization of national management system and management ability, making the most of the public service utility. So we should through the system design reconstruct administrative hierarchy, accurate positioning the functions of the government at all levels, have a reasonable allocation of local government powers at all levels,and construct the legalization financial system and efficiently authority dispute resolution mechanism,construct the governance responsibility supervision mechanisms.In this paper,the content is divided into four most.The first part, illustrate the general theory of local government governance under the law. First discusses the local government governance concept, characteristics, classification, as well as the concept and characteristics of the finance of local government under the law. Then the local government governance is configured in legal way, such as by determining the residual right of ownership, by the method of proportion, by enumerating method. Again, expound the principles of the finance of local government under the law, including authority legal, integration of power and responsibility, efficiency, and adjust measures to local condition. And point out the significance of the finance of local government under the rule of law.The second part, tell the story of the local government powers after the founding of the state. This course is divided into two stages. one is between the founding of the state and the reform and opening up, and this period is divided into four periods. During this period,the adjustment of the local government lateral powers in China are not in the form of law, including the boundaries between government and market, and between the governance of the government departments at the same level. Second is after the reform and opening up,although this period of government powers are configurated with institutional design, because local government is in a passive position, so the central and local government governance configuration process is difficult to complete synchronization, local government governance configuration lagged far behind the process of the central government.The third part, investigate the present situation of the governance of local government under the law, and summarize the problem of the finance of local government. First describe the present situation of the local government, from two aspects :law and practice. Secondly summarize the local government governance configuration problems, including unreasonable administrative hierarchy,the configuration of the fuzzy legal norms for all levels of government powers, the lack of local interests expression and balance mechanism, the executive non-standard problems of local government powers, the lack of corresponding responsibility and supervision mechanism.The fourth part, on the basis of the above theoretical analysis and the reality of the governance division investigation, put forward the path of the governance of local government under the law. One is the administrative levels of government by law construction, the other is Standardization and legalization of the division of powers. On the basis of accurate positioning of the responsibilities of governments, the content and procedure of local governments at various levels shall be standardization and legalization. The third is the operation of the local government powers should be standardization and legalization,including constructing the legalization financial system and efficiently authority dispute resolution mechanism,constructing the governance responsibility supervision mechanisms. The fourth is the effective supervision of the local government powers.