Constitutional Improvement Of Administrative Division Adjustment In China

Adjustment of administrative division is an important part of constitution,and exercise of adjustment right of administrative division is not only application of national public power,but it is also closely related to production and living of people,resource allocation in area,economic development,governing in area.Because adjustment of administrative division is related to the whole situation of nation,regulating adjustment of administrative division via legal means is the inner need of Chinese democracy and legal governing,and it is also the need of constitutionalism construction.However,contradictions of text norm and practice norm of Chinese adjustment of administrative division occur,and they need to be improved urgently.This thesis is divided into five parts on content.The first part is the introduction.This part describes the research background,research status and research methods of the paper.Administrative division as part of our country's government,its performance is how to configure the public power and the realization of human rights protection issues,its adjustment directly affects the state power allocation and the region's citizens production and life in the constitution has an important role.However,the practice of administrative divisions in the field of unconstitutional events frequent,and few scholars,I believe that from the constitutional perspective on the adjustment of administrative divisions to study has important theoretical and practical significance.The second part elaborates the unconstitutional situation of our administrative divisions.The author first elaborates on the concept of administrative division,and points out that the administrative division is a dynamic concept.Since its founding in China,its connotation has been changing.It is because of the evolution of the concept,leading to the transformation of the value of administrative divisions is not in place,as well as administrative divisions to adjust the practice of a series of unconstitutional status,such as administrative divisions to adjust the contents of the contents of the violation of constitutional texts,administrative divisions adjustment procedures in violation of constitutional principles,administrative divisions legal system It is difficult to form a more perfect legal system.The third part describes the administrative divisions to adjust the reasons for unconstitutional.Based on the situation of unconstitutional adjustment in China's administrative divisions,the author points out that the reasons for the administrative divisions to adjust the unconstitutional status can be summarized as follows: the administrative value of the administrative divisions is single,the administrative planning of the administrative divisions is unscientific,the administrative divisions are not perfect and the administrative divisions Adjust the type of single.It is the above reasons that led to the administrative divisions in the field of unconventional events.The fourth part elaborates the serious consequences of the administrative divisions to adjust the unconstitutional problem.The author points out that the serious consequences of the administrative division adjustment of the unconstitutional problem are as follows: the economic foundation does not conform to the superstructure,affects the development of the society,the dysfunction of the state organs,the social instability and the unfairness of the regional development.The fifth part elaborates on the experience of the administrative division of the unconstitutional situation to understand and analyze the causes of unconstitution and the serious consequences of the unconstitutional problem,learn from the relevant experience of administrative divisions outside the adjustment,pointed out that China's administrative divisions to adjust the constitutional perfect path.The author puts forward the corresponding perfect scheme from the constitutional theory: first establish the multiple value of the adjustment of our administrative divisions: order-economic development-environmental protection-public service-human rights protection,on which the Constitution and the Constitution Sexual law and the development of a special "administrative division law" to form a constitutional-centered administrative divisions of the legal system.In particular,the contents of the administrative divisions in the text of the Constitution introduce the principle of absolute reservation of the law,stipulate that the adjustment of the administrative divisions should be carried out according to the law.The relevant administrative divisions shall be revised to change the relevant constitutional provisions exercised by the administrative organs to the exercise of the power organs.In the text of the Constitution to increase the scope of the relevant administrative divisions;to amend the provisions of the Constitution of the judicial system,and ultimately the formation of the Constitution as the center,the basic law of the implementation of administrative divisions of the legal system.This paper believes that the need to develop a special "Administrative Division Law",the Department of the Basic Law mainly highlights the following aspects:First,clear the main procedural norms of administrative divisions adjustment.The administrative division of the right to adjust the power by the authority,the executive is the implementation of the main body,the process of adjustment to introduce expert demonstration and hearing system.Second,clear the administrative division of the adjustment of the main substantive norms.In the law to determine the provincial,city and county relations,dilute the power of ownership of the concept of consciousness,into a partnership.At the same time,the adjustment of administrative divisions should give up government-led,change the functions of government,transfer the functions of microeconomic functions and social self-management.Again,clear the administrative divisions to adjust the dispute resolution mechanism and legal liability.And strive to achieve the market economy of the administrative divisions of the scientific,democratic,rule of law,and better for the country and residents around the better quality of public services for the protection of multiple human rights to provide the highest level of protection.Conclusion of this thesis is brief summary on the thesis and prospect on unsettled problems.