论文部分内容阅读
在我国,央地关系在不同权力体系、不同事务领域呈现出多样性。在执法检查领域,已经出现了与单一制大相径庭的合作型联邦制的端倪。由于缺乏将地方政府作为监督对象的组织法依据,作为检查主体的全国人大常委会积极寻求与地方政府实现互益型的合作。通过委托检查缓和地方人大及政府的抵触情绪,此为妥协;在监督地方政府依法行政的同时,关注和解决执法成本问题,并吸纳地方提出的修法意见,此为互惠;破除地方保护主义、解决跨区域执法难题、分享执法经验,此为利他。本文所展示的图景提醒我们,单一制已无法涵盖复杂多元的央地关系现实。
In our country, the relations between the central and the local have shown diversity in different power systems and different affairs. In the area of law enforcement inspections, the emergence of cooperative federalism that is very different from that of the single system has emerged. Due to the lack of organizational law that places the local government as the object of supervision, the NPC Standing Committee, as the main body of inspections, actively seeks to seek mutually beneficial cooperation with local governments. It is a compromise that the local people’s congresses and government resistance should be moderated through commissioned inspections. While supervising the administration by local governments in accordance with the law, the government should pay attention to and solve the problems of law enforcement costs and absorb local opinions on the revision of laws. This is a reciprocal benefit. Cross-regional law enforcement problems, share the experience of law enforcement, this is altruism. The picture presented in this article reminds us that the unitary system can not cover the reality of a complex and diverse relationship with the central bank.