“撤县设区”法治化研究

发布时间：2018-03-04 04:15

本文选题：“撤县设区”　切入点：行政区划　出处：《河北大学》2017年硕士论文　论文类型：学位论文

【摘要】：近年来,随着我国经济的持续发展、城市化水平不断提高以及中心城区发展空间的需求,以“撤县设区”为代表的行政区划调整渐为频繁。“撤县设区”一方面对促进中心城市和区域经济发展、提高城市化水平和城市治理能力起到了积极作用,另一方面也由于“撤县设区”法治性、规范性的不足,容易造成虚假城市化、体制摩擦、地方政府盲目跟风、治理难度增加等问题。因此“撤县设区”法治化研究十分有必要,是维护“撤县设区”初衷,使其既定目标得到切实落实的重要保证。“撤县设区”法治化是我国依法治国的必然要求,同样也是我国依法行政的本质需要,但是现如今我国法律体系不健全,配套法律规定严重缺失以及现有法律法规没有被严格执行的情况下,国家必须通过全方位的法律规制推动城市化的健康发展。国家需要做出相应举措,例如,制定总体规划、健全相关的法律体系、创新新设辖区的行政管理体制等。鉴于“撤县设区”无序化等问题愈演愈烈,我国需要建立健全监督问责制度,加强对行政权力的监督,一旦出现行政违法行为,相关主体应切实承担相应的法律责任。同时应建立健全公众参与制度,保障公民的知情权、参与权等权利,这既是合法性的要求,同样也是合宪性的要求。国家的权力来源于公民,行使国家权力的目的在于维护和实现公民的基本合法权益,所以应该确实保障公众参与,使得公民能够切实地对行政权力的行使予以监督和制约。从“撤县设区”中存在的问题入手,对产生问题的原因加以分析,并提出相应的完善措施,弥补“撤县设区”在规范化、程序化、制度化上的不足,力求“撤县设区”运行在法治化的轨道之上。
[Abstract]:In recent years, with the sustained economic development of our country, the level of urbanization has been increasing and the demand of the development space in the central urban area has been increasing. The adjustment of administrative divisions, represented by "setting up districts in the county of withdrawal", is becoming more and more frequent. On the one hand, it has played a positive role in promoting the development of central cities and regional economies, improving the level of urbanization and the ability of urban governance. On the other hand, due to the rule of law and the lack of standardization, it is easy to cause problems such as false urbanization, system friction, local governments blindly following the trend, and increasing difficulty of governance. Therefore, it is very necessary to study the rule of law of the "withdrawal of counties and districts". It is an important guarantee to maintain the original intention of "setting up district by withdrawing county," and to ensure the implementation of its established goal. The rule of law by law is the inevitable requirement of ruling the country by law, and it is also the essential need of administration by law in our country. But now our legal system is not perfect, the supporting laws and regulations are seriously lacking, and the existing laws and regulations have not been strictly enforced. The state must promote the healthy development of urbanization through comprehensive legal regulation. The country needs to make corresponding measures, for example, to formulate a master plan and to improve the relevant legal system. Innovating the administrative management system of the new jurisdiction, etc. In view of the increasingly serious problems such as the disorder of "withdrawing counties and establishing districts", our country needs to establish and improve the system of supervision and accountability, strengthen the supervision of administrative power, and once there is an administrative illegal act, At the same time, we should establish and perfect the system of public participation to protect citizens' right to know and participate, which is not only the request of legality, but also the legal responsibility of the relevant subjects. It is also a requirement of constitutionality. The power of the state comes from the citizens, and the purpose of exercising the state power is to safeguard and realize the basic legal rights and interests of the citizens. Therefore, the public participation should be really guaranteed. So that citizens can effectively supervise and restrict the exercise of administrative power. Starting with the problems existing in the "withdrawal of counties and districts", the causes of the problems are analyzed, and the corresponding improvement measures are put forward. In order to make up for the deficiency in standardization, procedure and institutionalization, we try our best to run on the track of ruling by law.
【学位授予单位】：河北大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.11

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