乡镇政权权限改革浅探

【作者】 周葆华；

【导师】 张锡恩；

【作者基本信息】 山东大学 ， 科社与国际共运， 2005， 硕士

【摘要】 乡镇政权是我国最基层的一级政权,是为了实现其社会管理和公共服务职能而由中央政权设置的。但是,目前乡镇政权在其管理权限方面存在某些问题,对乡镇政权有效发挥其职能造成困难,影响了农村、农业和农民的发展。因此,研究乡镇政权权限的改革问题,具有极为重要的现实意义。 (一) 乡镇政权的由来及其权限。古代乡镇建制是统治者为了统治农村的需要而设置的,主要负责征缴税赋、征发徭役、管理治安,对社会提供公共服务不是其主要职责。中国新型的乡镇政权产生于20世纪三四十年代的革命根据地。新中国成立以后,60年代之前的乡镇政治组织依附于上级政权,不具备独立的人事、财政和决策权力。人民公社时期,乡镇一级的政权成为国家政策的执行者,掌握了政治、经济、文化的管理权力,权限大大扩展。80年代以来,人民公社改建成为乡镇政权,其财政权力、人事权和重大事项决策权等又一次大大扩张。 (二) 目前乡镇政权权限存在的问题。 首先,乡镇政权权限受到上级政权一定程度的侵占。乡镇政权在需要维护群众利益、满足群众要求的时候,感到其权限严重不足。其次,某些乡镇政权在执行上级命令和落实国家政策的时候,其行政行为存在违法现象,没有遵循法定程序。第三,某些乡镇党委、政府在工作中侵犯乡镇群众的自主权力。第四,上级政权和基层群众都无法有效监督乡镇政权。 (三) 解决乡镇政权权限问题的对策。我们可以从以下方面采取措施: 首先,建立农会等农民群众组织。在国家政权、基层政权与基层群众之间建立分权制衡机制,解决基层政权权力失控问题。其次,乡镇政权与上级政权分清人事权、事务权、财政权,增加乡镇政权的自主权力。第三,对乡镇政权的运转加强依法监督,做到依法授权和依法用权,解决随意使用权力的问题。第四,限制乡镇政权权力,保护群众的民主自由权利。在法律上明确规定乡镇政权拥有的各项权力,禁止乡镇政权使用不在其权限范围内的权力。 (四) 本文研究成果的几点新意。 为了改革乡镇政权权限,实行乡镇有限自治,要采取以下的新措施:更多还原

【Abstract】 The regime of small towns in our country is a grass-roots regime, which is installed by central regime to execute its social management and public service function. But now, there are some problems in the jurisdiction of the regime of small towns. These problems affect the function of the regime of small towns, and also affect the development of rural, agriculture and peasant. Therefore, the study of the reform to the jurisdiction of regime of small towns is very important in the realistic meaning.The first part discusses the origin of the regime of small towns and their jurisdictions. The ancient organizational system of small towns is installed for the needs of ruler to dominate rural, take the responsibility mainly to solicit pay, solicit hair labor and manage public order. It is not the major duty to offer public service for society. The new regime of small towns was founded in 20 century in the revolutionary base of 1930s. After the People’s Republic of China set up, the political organization of small towns depended on to superior regime before 1960s, did not have independent authority of personnel, financial and making decision. In People’s Commune period, the regime of town level became the executor of the state policies, their management power to grasp politics, economy, culture, the authority was expanded greatly. Since the 1980s, the People’s Commune has reconstructed and became towns regime; its financial power, personnel right and great item policy-making power, etc. are expanded greatly again.The Second part discusses the present problems of the jurisdiction of regime of small towns. First the jurisdiction of regime of small towns was occupied by superior regime in certain level. When the regime of small towns maintains benefit of the masses and satisfies the requirement of the masses, it feels its jurisdiction of authority serious is below. Secondly some regimes of small towns in the time that carries out superior order and implements central policy, didn’t follow legal program. Some party committee and government of small towns intrude the autonomous power of the masses of small towns in working. At last, superior regime and the grass-roots masses can’t supervise the regime of small towns efficiently.The third part discusses the countermeasure that solves these problems of jurisdiction of regime of small towns. We can adopt measures from following aspects:First of all, set up such peasant’s mass organizations as peasant association and so on. Set up the balance mechanism among state power, grass-roots political authority and grassroots. Secondly, distinguish personnel right, affairs right, financial right in the town regime and higher authorities’ regime. Independent power would be increased to the town regime. Third, strengthen the supervision abiding by laws to the operation of towns regime. Make sure to authorize in accordance with the law and use the right in accordance with the law, solve the problem that some small towns regime use power at will. Fourth, limit the regime power of the towns. Protect the masses’ democratic freedom right. Set up the system that is enumerated to the regime power of the towns, in order to forbid the town regime using the power out of the set scope.The fourth part discusses some new idea of this paper. In order to carry out the limited autonomy of towns, the new measure will be adopted:First, the reform of the personnel power of the town regime. The people meeting will elect the secretary of council of Chinese Communist Party and mayor. The mayor post will be generally taken as by the native. Secondly, the reform of the financial and tax revenue power. In dividing tax system, allow the regime of towns to possess the certain autonomous power of deciding tax rate. The central regime established ratio of tax revenue that has certain interval stipulates to small towns, reserve certain autonomous surely tax space. Establishing finance shift system that superior regime will support the economic and social cause development of towns. 3rd, the power of decision making significant item of the towns regime will be reformed. Establish resident meeting system by which they will decide the significant item about whole town resident benefit with the way of direct democracy. 4th, the system of the National People’s Congress will be reformed. Establish resident meeting system. The presidium of the National People’s Congress will alters to the standing committee of the National People’s Congress. Standing Committee takes the responsibility for supervising governments mainly. The representatives of the Standing Committee of the NPC will be elected. The proportion of cadre in the Standing Committee of the NPC will be reduced. The proportion of ordinary peasant, individual workers and private enterprise in the StandingCommittee of the NPC will be increased. Resident meeting can carry out collective discussion and decision regarded village as a unit. 5th, make sure the power limits of authority of small towns. Differentiate benefits, responsibility and the power between the superior regime and the villages and towns regime clearly. The governments with different levels own different limits of authority. The superior government will take the responsibility for the general affairs such as family planning, the compulsory education, medical hygiene .The township will take the responsibility for these affairs such as the public order, administration, work business management, maintaining rights and interests of the masses and protecting the rights and interests of personal and economic organization etc. Compartmentalize the financial payout power limits in governments of different levels. Central regime and superior regime of government answer for spending for public product in national and provincial-level area. The regime of small towns will pay for the public product for the people in its popedom.更多还原