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Research On Constitutional Control Of Local Government Debt

Posted on:2021-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q HuFull Text:PDF
GTID:2506306035450384Subject:Constitution and Administrative Law
Abstract/Summary:
In 1994,the tax sharing system replaced the local contract system and became China’s new financial system.The tax-sharing system has undergone relatively complete reforms in the distribution of central and local fiscal revenues: increased central government revenue and increased its share of national revenue;reduced local government revenue and given it the power to collect local taxes.The local government enjoys stable tax revenue,but the bulk of the tax revenue is classified as a central tax or shared tax,and the tax-sharing system only focuses on the distribution of central government revenue,but the division of central government power is ambiguous.China has a vast territory,and most of its population,economy,and social activities are concentrated in local areas.Under the tax-sharing system,local governments have used heavy income to shoulder heavy local expenditures.With less power,the local government borrowed a large amount of debts under the circumstances of making ends meet.In order to solve the local government debt problem,the Ministry of Finance issued a series of regulations to try to establish a set of interlocking local debt supervision systems.However,the formation of China’s local government debt problem not only stems from the market-oriented economic system and financial pressure.The government’s active fiscal policy is more concerned with constitutional issues such as China’s central fiscal relations,local fiscal autonomy,and people’s congress budget supervision.It involves not only government management but also constitutional power allocation.Therefore,it is not enough to supervise local government debt through a series of regulations promulgated by the Ministry of Finance.Starting from the current situation of local government debt,this paper summarizes the main debt problems facing local governments at present,and discusses in depth the constitutional causes.Finally,through the reasonable allocation and restriction of local fiscal power,it is conducive to achieving the problem of local government debt.To curb the effects at the source and to transform our local government debt into a model of healthy growth and healthy development.The full text is divided into four chapters:The first chapter and the first section point out three main problems of local government debt,including the hidden debt accounted for a large proportion of the total local debt,the huge scale of local government debt and the complex and diverse ways of borrowing.The second section proposes conflicting links between local government debt and constitutional values such as local fiscal autonomy,intergenerational fairness,and representative system.Local governments can use debt to expand their fiscal autonomy,but lack of control of representative organs will inevitably Inter-generational justice and other civil rights cause damage.Chapter 2 reviews the causes of local government debt problems in light of the current constitutional relationship in my country.The compression of local income autonomy is one of the important reasons for the formation of local government debt problems.Local governments do not have autonomy in taxation,the transfer payment system still has various deficiencies,plus local debt rights that do not actually exist.Local authorities The burden of financial pressure is unimaginable;secondly,the local expenditure autonomy is also greatly restricted.For example,the local mandatory expenditure items set by the central government and the vague expenditure responsibilities between the central and central regions have restricted the use of local funds,and caused the local government to bear many Extra expenditure;again,the mismatched central and local powers also make local governments have to borrow to maintain local expenditures;finally,the debt supervision system under the leadership of China’s administrative agencies will inevitably loosen their constraints,and the NPC’s There are still various deficiencies in the supervision mechanism.All these reasons make it impossible for our local government debt problems to be properly resolved.The third chapter makes a planned division of the rational allocation of local government’s financial authority.The key to solving the problem of local debt lies in the reasonable division of central and local powers and financial rights.In addition,in order to place local government debt under institutional norms,it is also necessary to legislate to grant local governments the right to borrow,so that local government debt(either explicit debt or hidden debt)Gender debt)can be protected by legal norms and systems;meanwhile,the improvement of transfer payments is also indispensable for solving the problem of local debts.The problem of imbalanced public services caused by the financial gap between different regions can be helped by reasonable To improve the transfer payment system.Chapter 4 improves the supervision method of local government debts,and implements the local people’s congress’ s right to review the budget draft and the supervision power at the budget execution stage,which are also indispensable aspects of improving the local people’s congress’ s debt budget supervision mechanism;The concept of fiscal democracy and promoting the disclosure of local government debt information is also the focus of debt supervision;in order to enable audit institutions to achieve their "immune system" effectiveness,it is also necessary to establish a normalized audit supervision mechanism.Only by combining the supervision of the People’s Congress,the supervision of citizens,and the supervision of audits can local government debt be under strict supervision from the drafting to actual implementation.
Keywords/Search Tags:local government debt, central-regional financial relationship, budget supervision, debt rights
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