Discussion Of Legislating The Central And Local Authority Configuration In China

The central-local relations are always among the primary issues in one nation's politics and economy. An important aspect involved in this issue is the central and local authority configuration, which is connected with national political stability, ethnic harmony, economic development and social order and prosperity. Given that China is on the critical stage of development, appropriately tackling with this authority configuration problem could effectively bring into play the central and local initiative to boost national development and vice versa. Therefore, the question by which means to rationally solve the problem of central and local authority configuration has become our major concern and needs to be addressed urgently.The guiding ideology that any reformation should have a legal and reasonable basis prop osed on the third plenary session of the 18 th CPC central committee points out the direction f or the relationship problem of the central and local authority configuration.From the perspective of legislating the central and local authority configuration, this article studies the central-local relations and suggests establishing legal systems covering every respect between central and local to regulate both their actions and solve their problems with the rule of law. This article is divided into 4 parts:First, based on the premises from the essence of the central and local authority configuration to further analysis of the configuration types in our nation, we expound the fundamental theories including the necessity and basic principles of the central and local authority configuration legislation. Second, with an eye to the exotic and empirical samples in the central and local authority configuration and China being a unitary state, we investigate particularly the unitary centralized model and the unitary decentralized model, in order to provide a useful reference for this legislation. Third, we examine in detail the current conditions, existing problems and causes of our central and local authority configuration. This consideration and evaluation are based on the actual reality and the soil for the legislation of central and local authority configuration to root in. The last part explores extensively the specific approaches to accomplish the legislation of central and local authority configuration in our country. It expounds on 3 different levels: the first is to renew concepts,realizing the transition from administrational decentratization to decentralization of authority by rule of law in central and local. The second is to enhance the construction of legislation of central and local authority configuration, which mainly includes consummating constitution and amending and enacting specialized laws for central and local. Third, the dispute settlement mechanism of central and local authority configuration is studied, pointing out the necessity of introducing judicial adjudication exerting positive effects of judicial power on central and local authority configuration while continually improving the dispute settlement mechanism inside administrative organization to solve these conflicts.This article holds the opinion that only by means of legislation was the central and local authority configuration issue resolved. Hence, we should adopt effective measures on the level of national legislation, establish new central-local relations that accord with China's national conditions and the development of democratic politics, and are conducive to social progress and productivity growth, enabling central-local relations to develop towards a healthier direction.