The Theory On Construction Of The Central-Local Relationship

It will be no government, if people are angels. And we won't need the government by external internal control, if we are ruled by the angel.---- MadisonOnce the General Secretary Hu Jintao stated that: central-local relationships is which we should handled well with the overall significance relationships during the process of building socialism with Chinese characteristics, in the party's 17 major reports, in 2007. This also provides a good atmosphere for us in the further studying on the division of the central and local authority. All along, central-local relationships is an important part of the Constitution. However, our studying of the Constitution remains in the horizontal division of state power research.The vertical division of state power likes a gray duck which did not received enough attention.There is no article which is the the research on the relationship between central and local so far. And explores the relationship between central and local governments from the perspective of the constitutional dicision of powers is rare. But in practice:more and more vertical management is used in the system of the administrative leadership; jurisdiction system has been established between the courts at all levels and so on. All of these, the legal theory circles did not give a good response. When wen criticizing central-local relationships on the devision of power, we also should think about whether the theory behinds the practice? We must make a choice when the equity and efficiency is an irreconcilable contradiction:More than 30 years ago, we have chosen the efficiency, in the three decades later, when China's growing gap between rich and poor, we have to consider whether we should give the different parts with the equal power to avert such a gap. How to jump out of the cycle of Centralization and Decentralization has also become a practical problem. Therefore, building a scientific and rational relationships between the central and local has the great theoretical value and practical significance. not only concerns the success of reform, but also concerns the social stability and the economic prosperity. Although the relationship between the central and local is vertical division of the state power, in essence, many scholars in different disciplines carry on an investigation into the relationships between central and local from the perspective of their research. The face of centralization and decentralization of the mode selection, many scholars hopes through fiscal, taxation as a starting point, through the Western developed countries, the central relationship between research, called for increased local self-government. But I insist that the relationships between the central and local governments should be based on a rational allocation of state power basis. I adhere to the Constitution of 82 recognized "the division of the central and local state organs, following the central authorities under the unified leadership, give full play to local initiative and enthusiasm of the principle." I intend through legislative, administrative, judicial separation of powers in three areas studies, central and local governments to achieve a reasonable distribution of state power.Scholars at home and abroad on the division of authority between central and local issues to study more from the macro level, however, limited to the traditional single system, the sovereignty of the theory of federalism on the different points of view, this study is difficult to make progress:either local self-government, or centralized, both of which are obviously not conducive to sound relations between the central and local governments to build. Since the dispute about the theory of sovereignty, then we can learn from the legislative, judicial, administrative in order to provide a way to divide the power between the central and local.