Research On The Soft Law Governance Of Coordinated Development Of Regional Economy

The important judgment of the"The main contradiction in our country has been transformed into the contradiction between the people’s growing good life needs and the unbalanced development"made by the Party’s 19^thReport highlights the real problem of the unbalanced economic and social development of our country and the urgent need to improve the development,and according to the strategic plan of the Party and the State in the construction of the modern economic system deployment related to the"regional coordination and development",establishing and perfecting the system of regional coordination development mechanism,promoting the orderly and sustainable development of regional economic coordination,cannot leave the area ahead of the overall train of thought of the rule of law and system design.Only by using the thinking and method of rule of law from the specification level to coordinate law and legislative intervention can we solve many problems and practical difficulties of regional economic development.However,under the current legislative system,the local legislative pattern,which takes the administrative region as the unit,has been difficult to adapt to the demand of the coordinated development of the regional economy for the supply of the relevant system.In order to improve the imbalance of regional development and meet the needs of coordinated development of regional economy,the rule of soft law is an important institutional scheme to solve the problem of lagging development of regional economic legal system and to realize the effective governance of regional economy without breaking the existing conditions of administrative division and the current legislative framework（mainly referring to the category of hard law）.From the normative point of view,"soft law governance"associate with"regional coordination"in the implicit concept,explicit norms and value.From the factual point of view,the practice of regional soft law governance is actively explored and tested in reality,which is led by the development of the eastern,western,central and northeastern region.These examples fully illustrate that the soft law with its own particularity and the functional advantages which the hard law does not have provide an analytical idea for the implementation path of the coordinated development of the regional economy,and also provide a realistic space for the legal system construction and the development of the rule of law of the dual structure of the"soft law-hard law"of the regional economy.In view of this,the core proposition of this paper is"Why and how to use the analytical paradigm of soft law to solve the problems in the development of regional economy,and then promote the coordinated development of regional economy".Specifically,this paper attempts to start with the imbalance of regional economic development,combined with the strategy of"regional coordinated development"in the deployment of modern economic system to explain the necessity and feasibility of promoting the construction of regional economic legal system and the development of regional rule of law,analyze and explain the multi-dimensional combination of soft law governance tools and regional coordinated development,and then compare and analyze the national new area and national urban agglomeration in practice.Finally,it is put forward and demonstrated that soft law governance should not only include the creation,implementation and supervision of regional economic soft law norms,but also pay attention to the connection and coordination with hard law.They should transform and interact in competition and supplement,and jointly promote the development of the rule of law in the regional economy of China for realizing the rule of law wish of"good law and good governance"in the coordinated development of regional economy.This paper is divided into five parts:The first part is an overview of the demands of the rule of law for the coordinated development of regional economy.The main contents are as follows:firstly,the policy background of the coordinated development of regional economy,including the connotation of the times,strategic significance,basic principles and the objectives of task.Secondly,it finds that the realistic dilemma of the coordinated development of regional economy in our country,that is,the imbalance of regional development.The imbalance mainly include the relative lag of the process of regional hard law legislation,the disguised protection of regional existing legal barriers,the coordination mechanism of regional interests to be explored,the management of regional economic policy to be standardized.They are related with five reasons,including the view of economic development,regional division and competition,regional economic law,regional economic policy and regional economic supporting measures.Thirdly,it points out that the rule of law scheme for the coordinated development of regional economy in our country mainly includes the idea of regional rule of law and the necessity of soft law governance mode without breaking the existing administrative division conditions and the current legislative framework.The second part is the multidimensional correlation analysis between the coordinated development of regional economy and soft law governance.The main contents of this chapter are as follows:firstly,at the implicit concept level,the"new development concept"advocated by the former coincides with the flexibility,negotiation,sustainability,development and publicity of soft law,respectively,pointing to pluralistic inclusion,negotiated democracy,endogeny persistence,open competition and people-oriented.Secondly,at the explicit normative level,the essence of the existing regional economic policies are soft law,and there are some characteristics,such as non-mandatory,dynamic and effective.In the form of expression,they can be mainly divided into regional development planning,regional work outline and regional guideline.And then the other forms of soft law,such as political and legal conventions,regional cooperation agreements,regional self-discipline norms,regional specialized standards,regional elastic laws and so on,are typed and sorted out.Thirdly,at the level of value inheritance,the purpose and effect of the two are in line with each other,that is,the pursuit of"substantive rationality",which is manifested in the free value with humanism as the core,the equal value with consultative democracy as the carrier,and the just value with goodness and virtue as the purport.At the level of economic value,it is manifested in the benefit value with resource optimization as the essence and the order value focusing on economic regulation.The third part is the empirical investigation of the soft law governance in the coordination development of regional economy in China.Firstly,combing the typical regional coordination development in our country in the samples of soft law,including the region of the eastern,central,northeast,western,the Beijing-Tianjin-Hebei region,Yangtze River Delta,Pearl River Delta and Guangdong-Hong Kong-Macau Greater Bay Area and so on.Secondly,analyzing the soft law governance of our country economy in view of the coordinated development.Although it can guide regional economic behavior,coordinate the deployment of regional economic interests,meet the demands of regional economy,improve regional economic governance and deepen the reform of the regional economy,it still have shortages.In the aspect of creating,including the uncoordinated interaction with hard law,the limited coverage,the unstandardized scope of application,the different distributing procedures and the responsibilities.In the aspect of applying,including selective application,unclear order of application,soft law power rent-seeking and the needs of further standardized management.In the aspect of supervising,there are some problems such as lack of self-supervision,specialized supervision and social supervision.Thirdly,reflecting the reasons for the above problems,including the reason of the soft law of regional economy itself and the reason of the disharmony between the hard law and the soft law.For the former,it mainly refers to the aspects of consciousness,subject,behavior and responsibility.The latter mainly refers to the lack of interaction between soft law and hard law in legislation,enforcement and judicature.The fourth part is mainly about the perfection of the regional economic soft law governance model in our country.The main contents are as follows:firstly,trying to clarify the soft law governance mechanism in the field of regional economy,including regional government coordination mechanism,regional market oriented opening mechanism,regional economic sustainable innovation mechanism and regional interest complementary cooperation mechanism.Secondly,perfecting the creation of regional economic soft law norms which mainly includes the clear rights and responsibilities of the subject,the legal and accurate content of the creation,and the legitimate science of the creation procedure.Thirdly,improving the implementation of regional economic soft law resources,including the specific implementation of the main body,the implementation of program coordination and linkage,the implementation of the effect quantitative feedback.Fourthly,improving the supervision of regional economic soft law regulation which mainly includes the dynamic evaluation of the multiple component sharing and the supervision effect of the supervision means.The fifth part mainly expounds the use of both hard law and soft law governance in the process of coordinated development of regional economy.The main contents are as follows:firstly,establishing the basic concept of both soft law and hard law in the field of regional economy,then promoting the effect of the governance and realizing the purpose of the rule of law.It mainly includes that the combination of soft law and hard law is the natural environment of good law and good governance,is the basic form of coordination and symbiosis,is the response satisfaction of pluralistic needs,and also is the evolution and development of the connotation of the rule of law.Secondly,paying attention to the interaction between regional economic soft law and hard law at the legislative level,including normative review and absorption and transformation.Thirdly,paying attention to the cooperation between regional economic soft law and hard law at the law enforcement level.