法治视野下地方政府“权责悖论”问题研究

The Study of the “Paradox between Responsibilities and Power” of the Local Governments in the Perspective of Law

我国地方政府在财权、事责配置领域由于配置结构、配置方式、配置形态等方面存在的种种不合理性,导致出现了"权责悖论"的问题,严重阻碍了政府职能的转变以及行政效率的提升。地方政府权责配置与法治精神的背离,是导致"权责悖论"现象产生的根本原因。因此,要祛除"权责悖论"现象,就须将地方政府的权责配置,从非法律的调整状态,转化为由良好法律调整的状态。这样,有利于改变我国地方政府权责配置无序、恣意、缺乏规范性的现状。

No matter for which country, configuring the powers and responsibilities to the local governments is a crucial issue requires careful consideration. It needs careful consideration and specific arrangements, China is not exceptional. Actually, in China, there has been an imbalances between the government responsibilities and financial power. Due to the irrationality of the config- uration of government responsibilities and financial powers, there has been a lot of ＂paradox＂ phe- nomenon in the field of configuration of responsibilities and powers, and they are called ＂Paradox between Responsibilities and power＂ of the local governments. Causes of the ＂Paradox between Responsibilities and power＂ phenomenon are many, to research it from the perspective of law is necessary. It can be concluded that the process of configuration of local governments＇ powers and responsibilities is lack of legal basis ; the adjustments of the relations between powers and responsi- bilities of local governments is in accordance with policies instead of laws, the role of law has been weakened, and even ignored. To improve the configuration of powers and responsibilities among the local governments and get rid of the ＂paradox between Responsibilities and power＂ phenomenon is not easy. But the most important thing is to make the configuration of inter-governmental powers and responsibilities return to the regulation and guidance of law.