Urbanization In The Administrative Divisions Of The Reform Of Legal Regulation,

So-called administrative division is that one country's territory is divided into different levels, some size as local administrative units in formal; in essence, it is a vertical configuration of state power, a framework of a country's administrative system. So it is a major strategic issue relating to politics, economy and entire social development. With introduction of western "city" in the end of Qing Dynasty, urban-based administrative district appears, associated with industrialization and urbanization, especially after shifting the city model from cut-based city to wide-area-based, urbanization is closely related to the reform of administrative division with both positive mutual promotion and reverse exclusion, urban-based administrative district rapidly expands like movement. Constitution only stipulates the principles of administrative division, the provisions by State Council and Civil Affairs Ministry are simple and lack of operability. In the process of urbanization, legal regulation relating to reform of administrative division exists deficiencies in the legal text in China, the actual operation space of laws is squeezed out by administrative measures, the polices are still dominant in adjustment of administrative division, the actual operation rely on the policies and the approvals of central and provincial government, and Civil Affairs Ministry undertakes this operation task. In a word, the model of management of administrative division is still the administrative control model in our country. According to the philosophy of constitutional politics, build socialist country ruled by law, the reform of administrative divisions for urbanization process should be transformed from administrative control model to legal regulation and control model, use legal means to regulate administrative division, make it forward to the standardized, legal and scientific track. The main thread of this article is to recall the reform of administrative division in the process of urbanization in China, analyze the problems appeared in that period, perfect legal system f administrative division.This article is divided into four parts, the content of each part as followings:ChapterⅠ: summary for administrative division. Combs the concepts of administrative division in multidiscipline, puts forward connotation and extension of the concept of administrative division in the philosophy of constitutional politics; as well as three constituent elements of administrative division; also with three types; then gives an analysis of legal provisions of administrative division by interpretation of constitution, and the deviation between real conditions and legal provisions of administrative division, sums up major features of current administrative division.ChapterⅡ: urbanization and administrative division. Carrying up its origin, city has the same homology with and administrative division, which both generated at the beginning of State birth, and are both used to meet the needs of governance for the ruler. However, city which is as the urban-based administrative distract of local administrative unit came into later, and germinated from the medieval city-movement. Sino-west administrative division has the different response to choice of city model: self-government—government—self-government: shifting from city self-government to city system by the way of bottom-top in the western, government--self-government~government: introduction and establishment of the city system by the way of top-bottom in China. After reform and opening up, urbanization is closely linked with administrative division with not only positive mutual promotion but also reverse interaction.ChapterⅢ: Reviews the reform of administrative division in the process of urbanization and deeply reflects the existing problems in China. After reform and opening-up, the urbanization process speeds up, the direction of the reform of administrative division is city expansion and urban-based administrative district augment like movement. But at the same time with a calm reflection, there are a good many problems existing in the reform of administrative division in the process of urbanization.ChapterⅣ: the construction of rule-by-law for the reform of administrative division in the process of urbanization in China. In the philosophy of constitutional politics, the reform of administrative division in the process of urbanization should be transformed from old administrative control model to new legal regulation and control model. With regarding to the problems existing in the reform of administrative division in the process of urbanization, it is necessary to perfect the legal system of administrative division in China..Conclusions. By view of constitutional politics, this article advocates the way of rule-by-law for reform of administrative division in the process of urbanization, improve Constitution, administrative law, administrative division law, relief law etc.