Perfection Of Legal Mechanisms To Budget Constraints

Rent-seeking corruption is the main form of corruption in our country, which occurred in the land, energy, infrastructure construction and other fields closely related to government finances, and closely associated with the weakening of the budget binding. Budget reflects the content and direction of government activities, and also embodies the national and local macro-policy arrangement. National or local economic, social and political goals to achieve must rely on the strict implementation of the budget. Thus the behavior of the implementation of the budget should be in accordance with the provisions of the Budget Law and within the framework of the budget. The binding of budget and budget law to the budget activities must be guaranteed and realized. However, the planned budget changes being easily affected by economic and social factors, which impacts on budgetary stability and seriousness. In addition, the mechanism to standard budget activities is imperfect. It leads to effectiveness of the implementation budget is weakened. The weaken of budget binding leads to the right expanding of government fiscal discretion, which provides opportunities for the occurrence of power rent-seeking.In our country, the root cause of corruption caused by rent-seeking financial generated soft budget constraint executive power lies in the core of the system established budgetary authority. The government plays a leading role in the budget activities. the power of is weak, even though the legislature has the budget approval and supervision power. It leads to the main activities of the budget budgetary behavior lack of effective supervision and violations can not be corrected and strict punishment in a timely manner. Lawlessness budget activities, especially the wanton acts of government corruption and rent-seeking in budget implementation activities, make budget activities from its goals and objectives.From the perspective of corruption rent-seeking prevention, people should make an analysis of Soft budget constraint and research on its root causes produced to guide the strengthening binding of budget. It is of great economic significance, political and social significance. This article embarks from the rent-seeking corruption in our country and makes an analysis of the nature of rent-seeking corruption. The writer thinks that one of the main source of rent-seeking corruption lies in the field of fiscal budget. It provides the government with great financial power rent-seeking space. In this paper, the writer lists the effectiveness of budget constraints and the safeguard mechanism of budget law. On this basis, based on China’s budget process, this paper expounds the cause of our country’s budget for rent-seeking corruption in weakening and the budget activities in stages to analyze the causes of the soft budget constraint. Finally, for the purpose of perfecting the legal mechanisms of budget constraint, on the basis of the concept of budget law, under the guidance of the principle of budget law, and by the angle of improving budget management authority, public budget, budget oversight, and accountability of responsibility, this paper expounds the concrete measures of strengthening legal budget constraint mechanism to let government play the role of regulating government’s revenue and expenditure activities and preventing the rent-seeking phenomena.