Research On The Legal Regulation Of Local Government Borrowing In My Country

To a certain extent,local government borrowing has provided strong support for promoting local economic development and alleviating local fiscal shortages.However,the direct consequences of local government borrowing under the absence of rules are the surge in local government debt and the expansion of fiscal risks,posing a potential threat to the stable and sustainable operation of the national economy.Therefore,in order to avoid a series of problems caused by local government borrowing in violation of laws and regulations,and to promote the healthy development of local government borrowing,it is even more important to strengthen the special rectification of local government borrowing.The Third Plenary Session of the 18 th CPC Central Committee proposed that China has entered a period of comprehensively deepening reforms.The overall goal of comprehensively deepening reforms is to improve and develop the socialist system with Chinese characteristics,and to promote the modernization of the national governance system and governance capabilities.As an important part of advancing the modernization of China's national governance system and capacity,local government borrowing needs to be strengthened and regulated.As far as the current laws and regulations and local government debt-raising practices are concerned,China's local government debt-raising laws and regulations have many problems in terms of the subject of borrowing,the procedures for borrowing,and the liability for borrowing.Therefore,local governments have a long way to go to regulate their debts.Aiming at the problems existing in the local government's debt-raising laws and regulations,this article is divided into four parts in addition to the introduction and conclusions to analyze and discuss this.The first part is a review of the general theoretical basis of China's local government debt.This part discusses the local government's borrowing from the following four units: the theoretical basis of the local government's borrowing,therole of borrowing,the historical development of borrowing,and the current situation of borrowing.Based on this,a general understanding of the local government's borrowing is formed.The second part is According to the current situation of China's local government debt-raising,especially the relevant laws and regulations of China's local government debt-raising.It sorted out the legal norms and system problems of local government borrowing.The problem of legal norms is mainly manifested in two aspects: the low level of effectiveness of legal norms and the lack of specific legal norms.Institutional issues are reflected in three aspects: the issue review system before the event,the supervision system during the event,and the accountability after the event.The third part is Aiming at the existing problems of local governments in China,we will examine the relevant provisions of the local governments of the United States,Japan,and Brazil outside the territories in the three areas of prior issue auditing,prevention and control of risks,and accountability at the time.Extraterritorial reference.The fourth part is On the basis of the existing problems of local governments in China,to address the existing problems,from the principle of constitutional provisions,timely formulation of the "Financial Responsibility Law",expand the qualifications of local government debt-raising subjects,improve the review procedures for debt issuance,and strengthen the disclosure of debt-raising information Provide perfect suggestions on improving the risk prevention and control of local government debt-raising,clarifying the subject of local government debt-raising responsibilities,and strengthening local government's debt-recovery in violation of laws and regulations,to provide theoretical reference for the practice and legal regulation of local goverment borrowing in China.