Study On The Legal System Of Horizontal Financial Transfer Payment Of China

Financial transfer payment policy is a legal policy which regulates the financial payment relationships between central government and local governments and among local governments. It can play an indispensable role in resolving vertical and horizontal financial imbalances, realizing the equalization in basic public services step by step, and eventually realizing the fairness and justice in society. In accordance with the category of funds flow of financial transfer payment between the payer and receiver, the financial transfer payment policy can be implemented through two dimensions, that is, the vertical level and the horizontal level. There are two current modes of financial transfer payment internationally implemented, namely, the sole vertical financial transfer payment and the vertical-horizontal mixed financial transfer payment with vertical level as major. At present, the current financial transfer payment system in our country is the sole vertical one. Although it exerts great significances, there exits several congenital disadvantages of the sole vertical transfer payment system for it holds the principle of avoiding touching local vested interests. However, only fragmentary repairing within the current financial structure can not meet the needs of constructing harmonious society, implementing balanced development among regions, and realizing the equalization of basic public services in our country. Therefore, breaking through the current structure and making structural innovations are necessary. Basing on the current condition of our country and learning from successful experiences of some countries guided by market economy policy, this thesis proposes the suggestion of constructing horizontal financial transfer payment system among local governments, which can lay a foundation for the comprehensive legal transfer payment system with the major method of vertical transfer payment and the horizontal transfer payment as supplement.This thesis has three parts. The first part makes analyses on the basic theories of horizontal legal financial transfer payment system. This part mainly expounds on the connotation and the features of horizontal financial transfer payment, the compensation on gaps of horizontal finances, the way of reducing imbalance among different regions, and the function of this system in promoting coordinated development of all districts as well as the economical development and social stability. It also elaborates the theoretical bases of the legal system of horizontal financial transfer payment from the perspective of both the economics and the legal science.The second part demonstrates the necessity and feasibility of establishing horizontal legal financial transfer payment system. It is necessary to establish the legal system of horizontal financial transfer payment in China for such a legal system is the important insurance for carrying out the strategy of coordinated development among regions in our country, the primary requirement of constructing the harmonious socialist society in China, and the realistic needs for perfecting the legal system of financial transfer payment of our country. Although the horizontal financial transfer payment system has not been established in China, the coordinated cooperation can be considered as the virtual manifestation of such a financial system. Thus, learning from experiences abroad of both success and failure and taking the practical condition of China into consideration, our country can establish a legal system of financial transfer payment with the vertical transfer payment as the major and the horizontal one as assistance.The third part advances some concrete suggestions for establishing legal system of horizontal financial transfer payment in our country. These suggestions are proposed from three aspects, which involve the mode, goal and principle of horizontal legal financial transfer payment system; the subject, object and the content in the legal relationships; the legal responsibilities, procedures of horizontal legal financial transfer payment system and the establishment of related structure.