The whole reform is still in the exploratory stage.

Empowerment decentralization rule of law weekend reporter Sun Zhenhua February 11, Guangdong Province to determine Shunde district for the provincial-level county pilot, the Shunde district to implement the provincial direct management of the financial system.　　Shunde area enjoys the Administrative law enforcement authority of the prefecture-level city, and will accept the direct examination of Guangdong Province, score single row.　　At present, a total of 22 provinces and cities have implemented the financial system of the "Provincial county", including Hebei, Shanxi and other 18 provinces, as well as Beijing, Shanghai, Tianjin, Chongqing four municipalities.　　July 9, 2009, the Ministry of Finance issued "on the promotion of provincial direct management of the financial reform of the county," clearly put forward the "Provincial direct management of county financial reform, the overall goal, that is, before the end of 2012, and strive to comprehensively promote provincial direct management of county financial reform". The reform of financial system is not the whole connotation and substantive change of the provincial county. "Because of the administrative system, these counties and cities still belong to the prefecture-level management, the city to the county for money, county can not give?" So the fiscal straight line simply slows down the flow of county-level financial flows to the city and does not solve the underlying problem.　　Zhu Lijia, a professor at the National School of Administration. "From the current national pilot situation, only the Hainan Province is the full meaning of the provincial-level county, including both the financial and administrative provincial-level county."　　"Wang Yukei, the National Administration College, said in an interview with the rule of law weekend." I think the government has made a subtle change in the attitude of the provincial-governing counties. In the 2008, the Government's attitude was obviously to speed up the reform of the provincial-level county, but there were many problems in the implementation process throughout the country, including the ' Twelve-Five ' plan, and the emphasis on the reform of the provincial-level county was not as rigid as before, but gave the local government great flexibility. pointed out that the ' conditional place or the gradual implementation of the provincial-Governing county '.　　Wang Yukei told reporters that the provincial-level county reform so long time pilot and not implemented in the country, there are deep-seated reasons. First of all, if the provincial-county reform as the direction of development, objectively will put forward a very important question, the provincial control of the county can be brought over?　　A number of provincial divisions in the county-level units have eighty or ninety, more than 100, such as Sichuan has county units 181, Hebei has 172, the provincial control of the effective management should be roughly 50. "There are many counties under some big provinces, if our provincial reform is not in place, big and small things are controlled by the province, the scope of jurisdiction is too large, too much business, it will not be enough to leave a lot of vacuum, which is a major institutional obstacle." Wang Yukei stressed that if the provincial-level reform is adhered to, it may be necessary to narrow down departmental units, or to merge some of the smaller counties in some remote areas.　　This, in turn, involves a bigger problem of the size and magnitude of the provincial government's management. Wang Yukei said: "Most of the region after 1982 is the city governing county." The main obstacle to the separation of cities and counties now is the existence of prefecture-level cities, as jurisdiction shrinks. A reduction in the administrative level will encounter departmental interests, intergovernmental relations, cadre arrangement, etc.Series ' tough '. This is one reason why reform is difficult to spread throughout the country. "Moreover," the county itself is not exactly the same attitude.　　Practice has proved that the counties with better economic conditions often want to be directly regulated by the province, so that the resources policy can be directly to the county, to avoid the city-level government in the middle of the interception. But some counties ' economic strength is very poor, hope Prefecture-level cities to grant, relief, the attitude of these counties are often unwilling to leave the dependent prefecture-level cities.　　So it is a matter of many factors, which has much to do with the development of the local economy. Also, if the implementation of the provincial-Governing county, will affect the regional economic development is also a problem. Each county has a prefecture-level city to control, prefecture-level city is a branch of the form, it has a lot of counties around. If its function is well played, it will be of great help to the development of the regional economy. "If all by the provincial, whether it will cause the formation of barriers between counties and counties, the impact of regional economic development is difficult to say." Wang Yukei stressed that the whole reform is still in the exploratory stage. "For the financial province of the provincial-level reform of the power is still very large, and the administration of the provincial government in all parts of the county are still tentative groping, like Hainan is also summing up experience, research and exploration." "The administrative division adjusts" the far-reaching ", it involves the local authority, the responsibility afresh divides the important question, as well as with this accompanying economic and social development space, the finance and Taxation movement, the cadre management and so on a series of complex questions. Must be positive and prudent. "This requires the administrative provincial government to follow up on time." "" In China's eastern and Western economic and social development imbalance, the regional differences are large, the current wide implementation of the provincial-level county system has considerable difficulty.　　"Wang Yukei said. "Strong County empowerment" lack of unified legislation, Professor Hu Jianmiao, director of the law Department of the National Administration Institute, said in an interview with the "Rule of Law Weekend", from the perspective of the rule of law, "provincial-county" reform, now to "strong counties empowerment" as the main content of the provincial-level reform　　And the long-term lack of regional-level Zoning and government authority of the legislation. Hu Jianmiao said that administrative divisions belong to the constitutional system, which is directly stipulated by the Constitution. According to the 30th article of the Constitution, our country's local administrative system is divided into three provinces, counties and townships.　　In practice, there is an organizational ——— or prefecture level in the province and counties, and gradually formed the pattern of the city's governing county, which formed the five levels of government management: Central ——— province ——— area, prefecture level ——— County, District ——— Township. "China from the beginning of 1992, with the support of the central government, Zhejiang, Hebei, Jiangsu, Henan, Anhui, Guangdong, Hubei, Jiangxi, Jilin and other provinces have launched a ' strong County empowerment ' as the main content of the reform pilot, the rapid economic development of the county and city carried out empowerment, the prefecture-level economic management authority directly decentralized to some key counties. Hainan Province taking into account the land area and a small population of factors, has been implemented ' County and City Division ', the city only manages the city itself, the county is directly administered by the province. Hu Jianmiao pointed out that the ChineseWide, in the Constitution of the administrative divisions, provinces and counties to establish a city is necessary, as to how the establishment of authority can be studied. But for a long time, we lack the legislation of the prefecture-level regionalization and government authority.　　He said that the current "strong County empowerment" as the main content of the provincial-level reform, is related to the long-term lack of regional-level Zoning and government authority of the legislation. Hu Jianmiao told reporters that in the current state, the "strong County empowerment" as the main content of the provincial-level reform is necessary, it helps to improve administrative efficiency and promote county-level economic development. But from the perspective of the rule of law, two problems need special attention. According to the rule of law of the Organization law, the principle of governmental authority should be enforced. The establishment and adjustment of governmental authority must have legal basis.　　In particular, according to the 107th article of the Constitution, the authority of local people's governments at or above the county level shall be stipulated by law. "Our Constitution has made clear stipulation to the authority of the central government and the authority of local people's governments at all levels, and the local organization law has made a ' refinement ' to the authority of local government. "Hu Jianmiao said that if the current reform is to restore the constitutional and local constitution of the original provisions of the Division of authority, there is no need for separate legislation, but if it is a new type of authority structure adjustment, it needs to have the basis of constitutional law." It is not enough to use local government regulations as legislative basis in many parts of the country at present. "At the same time," when we devolve some of the city's authority to the county, or devolve some of the government's authority to the county, it is necessary to legislate for the "decentralization" of the law: Is it a setting, a mandate or a Commission? Hu Jianmiao told reporters that if the authority is reset by law, it would be tantamount to amending the Constitution and local organization law and amending the Constitution and the local organization law; if it belongs to the authority, then China's current right to grant refers to the authorization of the non-administrative organs by laws and regulations, which obviously does not conform to the current reform.　　Then as the client county government must be in the name of the client (provincial government or municipal government) to exercise authority, "and the consequences must be borne by the higher authorities, this mechanism is not in line with the original intention of the reform." "This means that in order to tie in with the ' strong County empowerment ', our legislative work and legislative research must be closely followed." At present, this reform in the country has encountered some difficulties, and lack of unified legislation in this regard. "Four-level financial or variable three-level provincial county to reduce the central government and lower local government channels, transfer payments, direct disbursement of channels more unimpeded, more rapid." "But the impact of the reform of the provincial-level county, depends on the corresponding adjustments at all levels of government, so it is not a matter of overnight."　　"Ma Xiaoling, a researcher at the Finance Department of the Treasury, said in an interview with the rule of law weekend reporter. Ma Xiaoling stressed that the provincial-level county is involved in a very wide range of relations and the interests involved are very large. "The Ministry of Finance also issued a document to show that the reform has been from the original ' pilot ' to the current ' gradually pushed away ', as to the speed of implementation depends on the pace of our reform and reform of the degree of deepening. ”　　Sun Gang, director of Treasury Revenue Division, said that there were some problems in the reform of the financial system by the provincial governing counties.　　In Anhui Province, the experience of the pilot, including the provincial government economic and social management of inadequate delegation of authority, supporting policy measures are not in place, the work procedures have yet to be standardized, management system needs to be straightened out and so on. "If we can empowerment and decentralize the pilot counties from the aspects of personnel, finance, economy and social management, and give the pilot counties the same economic and social administrative authority as the prefecture-level cities, it will help to match the human rights, financial right and power of the county government." "Wang Yukei said:" Five levels of government into the four-tier government, a level of government-level finance, may slowly become a three-tier fiscal. "" City regardless of county, city and county finance becomes a level of finance, regardless of administrative level, they no longer have affiliation relationship, and finally become provincial finance, city and county level of finance, plus Township finance constitutes a three-tier financial model. Wang Yukei said that some local advocates to abolish income tax, because rural finance is very difficult, and there is no sufficient source, the place is now exploring the use of "Township Wealth County pipe" model, so that resources can be more evenly distributed, and farmers can reduce the burden.　　Therefore, the four-tier finance is likely to become a three-tier finance, which is a trend of fiscal reform. Previous 123 Next