Study On Clauses Of Local State Organs

There is no public corporation status and tradition of residents autonomy in common local unit,so there is no fully developed local autonomy system in our country,but certain degree of autonomy in common local unit can't be denied.Starting from the constitutional text,all of his governance and autonomy have revolved around local state organs.Terms of local state organs include not only local people's congresses and their standing committees,local people's governments at all levels,but the local people's courts at all levels and the public prosecutor's office.Be different from judicial power exerting by the central,local people's courts and the public prosecutor's office are under the control of local people's congresses,it may be destroy the neutrality of judicial powers and national uniformity of legal system.This article mainly describes experience of local autonomy and establishment mode of judicial authorities under the background of local autonomy overseas,it concludes four general principles of local autonomy: an independent legal status of local autonomy groups and local authorities,difference of local administration,local autonomy and community self-government,division of autonomous transaction and entrusted matter,relationship between judicial district and local authorities.Based on our national conditions,aim at the dilemma facing terms of local state organs of 1982 s Constitution,it propose five strategies: textual division of constitutional law of the decision-making authorities between the central and the local governments,blur of Administrative units at the provincial and the county and development of self-government town,perfection of the direct election to the country and township people's Congress system,coordination between functional management and local government,close contact between trans-set courts and prosecutor's offices and town.