Regulates By Our Country Finance Transferpayment's Law

The finance transfer payment legal regime is adjusts the central committee and the place as well as the place intergovernmental expenditure relations legal regime. This system regarding the solution longitudinal and the crosswise financial resource not balanced, realizes the collective services even equalization, questions and so on safeguard social justice justice gradually, the display positive sense. But the finance transfer payment legislation is in the financial government by law construction important content. But, is relatively quite backward in our country finance transfer payment legislation. The finance transfer payment legislation's flaw, creates the consequence was and carries out the transfer payment decision-making power the power to entrust with the Administrative organ and the related Department responsible for the work basically, caused the present finance transfer payment main body the multiplication and the confusion, "ran a money to enter" also "arises at the historic moment". Before everybody "runs a money to enter", is mainly refers to Ministry of Finance and Development and Planning Commission, not only but already limited now to these two big ministries and commissions. Take the countryside question as the example, State Council helps the poor manages, Ministry of Agriculture, Ministry of Water Conservation, the Ministry of Education, the technical department and so on to govern rural reconstruction one part of money. Follows the central each department tube's money to be getting more and more, tube's matter are getting more and more, the words power which involves is also getting bigger and bigger, the partial budgets and the authority also more and more inflate the tendency, this will not favor the advancement government organizational reform. But the community to the transfer payment legislation's appeal, an important reason is because our country too many finance transfer payment legislation has not received the legal rules and regulations, the public finance fund is abused, as well as, in "runs all sorts of problems of corruption which a advance" produces. In our country, the community also manifests to the finance transfer payment system's importance in the regional autonomy for nationalities, general and specific policies in and so on regional economies coordinated implementations, middle involves to west eastern part the new rural reconstruction, the local poverty relief, the development, the promotion, realizes rises and so on each aspect. Was also has carried on the elaboration in the article from the following several aspects to the finance transfer payment.This article studies the bare bone divides into the following several parts:The first part is introductory remarks, mainly introduces the finance transfer payment law rules and regulations the selected topic origin and the significance. The finance transfer payment's selected topic originated mentioned our country practiced the numerous questions which appeared. Is also divides into legislative to the transfer payment legislation's significance the theory significance and the practice significance. Both unify enable the finance transfer payment legislation to have the feasibility. In the article has also contrasted the domestic and foreign finance transfer payment research present situation. Through to the domestic and foreign research's contrast, deliberated our country studies progress and direction.The second part of main introduction finance transfer payment legalization necessity and value. In the article also further introduced transfer payment legalization after founding of the nation to present's evolved advancement, has provided the essential historic information for the paper, provides the powerful proof material for the later our country economical government by law development. Simultaneously in the article mentions the transfer payment legalization the value, like equal value, efficiency value, order value, free value and so on.The third part through introduced that our country finance transfer payment legislation present situation sees the flaw which our country legislates. And, our country finance transfer payment legislation present situation mainly and legislates two aspects by the system to show that the system aspect is mainly the present our country finance transfer payment economic system aspect flaw, the reason that the introduction economic system, is because of economic system's quality, reasonable unreasonable direct relation legislation content, therefore performs in the article to emphasize. At the same time, also introduced our country various departments law to the transfer payment stipulation. May see our country transfer payment legislation flaw from the present situation. For example, the legal position step is low, the system is incomplete, the payment main body and the rights and obligations is not explicit, lacks the legal proceedings the restriction, lacks the effective supervising mechanism, lacks to falls behind the area, countryside economical support development and so on.The fourth part is the Western developed country finance transfer payment legislation uses for reference. Mainly introduced the Western country the achievement which obtains in the finance transfer payment legislation aspect. For instance the Western finance transfer payment legalization degree is high, develops the provincial economy when the West pays great attention the regional economies and industrial coordinated development, simultaneously mentioned that the Western developed country finance transfer payment legalization the effect, compares with our country, our country should profit from the Western country experience, the learn lesson develops our country western area, to fall behind the area, the remote districts, promotes the region coordinated development.The fifth part is our country finance transfer payment legislation consummation. In the article is the fifth part with emphasis, mainly elaborated from the following several parts. As national big method, the constitution must have the most basic stipulation. Finance transfer payment various links should legalize, including policy-making main body clarification, rights and obligations legalization; Execution main body clarification, rights and obligations legalization; Monitor program legalization, legal liability clarification. Simultaneously pays great attention to the west national minority area finance transfer payment legislation. Speeds up the local legislation, promotes between the Local authority crosswise and the longitudinal finance transfer payment.