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中央与地方的权限争议已经成为我国中央与地方关系的核心问题,现存解决机制中无论是就抽象权限还是具体权限的争议解决都存在诸多缺陷。按照法治化的思路,对立法解决机制的完善应该依循减轻中央对地方的影响、地方对中央的相对自主以及两者在利益交涉上的平衡的路径加以实现,以突出立法解决机制重在争议预防的策略。
The controversial authority between the central government and the local government has become the core issue of the relations between the central government and the local government. There are many shortcomings in the existing solutions to both the abstract jurisdiction and the specific jurisdiction. In accordance with the rule of law, the improvement of the legislative solution mechanism should be based on reducing the influence of the Central Government on local governments, implementing the path of the central government’s relative autonomy and the balance of interest negotiation between the two parties, so as to highlight the legislative solution mechanism and focus on dispute prevention Strategy.