| With the successive promulgation of relevant documents of the State Council,the relationship among vertical governments is shifting from function-control to affair-oriented.How to establish local affairs is a frontier topic for regulating the power of central establishment and raising the level of local autonomy.In order to adapt to the needs of governance,the concept of local affairs may not be constrained by the original understanding of the combination of full power and direct democracy.It is more in line with China’s national conditions to take the technical elements and expand it into “the local authority has discretionary space for affairs and has the power to decide the final result”.Based on this,the problem of establishing local affairs should start from the following three aspects.The first is “establishing standard”.When judging what is a local affair,it is necessary to integrate the formal qualification criterion of “the scope of influence is limited to the local” and the substantive competence standard of “better efficiency and quality”.In terms of exclusion criteria,the establishment of the regime and the protection of fundamental rights are not or are not just local affairs.The second is “establishing method”.There are two kinds of thoughts called local prioritization and central authorization in the world.The essence of the former is that “the law does not prohibit,that is,freedom”,and the latter means that “the law does not authorize,that is prohibition”.China’s institutional inertia and policy spirit tend to moderate decentralization after centralization,which is close to central authorization.The last is “elements of legitimacy of the establishment”.According to legal interpretation and specific practice,the establishment of central authority must be constrained.The establishing body should be limited to the National People’s Congress and its Standing Committee or the authorized State Council.The form of regulation should be constitution,laws or administrative regulations established by authorization.In the process of formulation and amendment,it should replace the unwritten practices of “negotiation between central and local authority” with mandatory legal procedures. |
