A Study On Protectionism In Local Legislation And Its Countermeasures

Protectionism in local legislation is the prominent manifestation of the abuse of local legislative power and the low quality of local legislation.Protectionism in local legislation,closely related to the market economy,refers to the destructive phenomenon that local governments based on the self-interest standard,abuse the legislative powers to hinder the circulation of parts of market elements,and therefore it has the characteristics of industrial pertinence.Protectionism in local legislation in China has gone through three phases of epidemic,control and danger,and has the characteristics of typification in local legislative content and wording.Protectionism in local legislation is a kind of "short-sighted" thinking,which has the comprehensive and far-reaching harm of preventing the formation of the national unified market,hampering the optimization of local industrial structure,and undermining the construction of local rule of law.The transaction cost theory in institutional economics provides an important paradigm for the study of Protectionism in local legislation,helps us clarify the nature of its measures,and then put forward clear judgment standards.With the perspective and road of the transaction cost theory,four criteria which are the standard of the unfair competition,the local basic interests priority,market participants,manifestly unfair burden are put forward.The restrictions of the household registration of Beijing natives on network cars and others are taken as examples,which verity the scientificaness,clearance and practicability of the above standardsThe roots of Protectionism in local legislation is a comprehensive problem,which involves many dimensions,such as economy,politics and legislative system,and however,the previous research tends to focus on the fiscal and taxation system.The theory of public choice can provide a new approach for exploring the causes of Protectionism in local legislation and powerfully explains its mechanism of occurrence.The root causes of Protectionism in local legislation are as follows:the developmental orientation of local governments,the unreasonable fiscal and taxation system,the tournament mode of political promotion,the homogene and unbalanced development of local economy,imperfect market economy system,the incomplete local legislative system.Incomplete local legislative system is the direct cause.In the decision of the CPC central committee on the major issues of comprehensively advancing the rule of law,the CPC proposed to effectively prevent the legalization of local protectionism with the institutional mechanism and the working procedures.We should adhere to the concept of "prevention first and the combination of prevention and treatment",and pay equal attention to the precaution and cure,so as to make the local legislative system complete,so as to make local legislative system complete.The precaution measures mainly include:1.build the system of entrusting the third party to draft local legislation;2.construct the mechanism of public opinion solicitation and feedback in local legislation;3.establish and improve the cooperation system of local legislations.The postmeasures mainly include:1.improve the approval and review system of local legislation;2.affirm invalidness of local protectionism in legislation and establish quasi procedures;3.build the legislative responsibility system with legislative compensation as the core.The treatment of Protectionism in local legislation is a long way to go,which calls for long and unremitting efforts.