论我国设区的市的法律地位

发布时间：2018-08-04 18:40

【摘要】：优化行政层级和行政区划设置是深化行政体制改革的重要任务之一。设区的市的法律地位影响我国城市发展方向和城市体制的定位,也关系我国政权组织制度和国家结构制度的完善。从清末作为地方自治团体的自治市的产生起,市经历了近一百年的变迁。1958年掀起的第一次市领县体制是在计划经济体制下对地方分权的一次尝试。直到七八宪法规定“直辖市和较大的市分为区、县”后,较大的市辖县才取得宪法上的认可。在1982年底、1993年和1999年全面实施“地市合并、地改市”这三次浪潮的推动下,市管县体制成为我国最广泛的地方行政体制,设区的市已基本取代作为省派出机关的地区行政公署的地位,坐实成为一级庞大的地方政权。从五四宪法到八二宪法对行政区划的规定来看,我国主要是省、县、乡三级地方行政建制,较大的市辖县的主要目的在于发挥中心城市的经济带动作用。设区的市本应是为适应城市公共治理而设立的一级城市型行政建制。可以看出,实践中将“较大的市”管县扩大到几乎所有“设区的市”管县并不具有宪法依据。市管县体制在计划经济的特殊时期确实起到了积极作用,但其弊端也逐渐突出,随着市场经济体制的发展,市县矛盾日益突出,“城市病”也随之而来,同时,过多的行政层级降低了行政效率,增加了行政成本。行政区划是国家权力在地域划分上形成的层次性空间投影,反映了纵向上中央与地方在国家权力上的分配层次。从历史制度变迁角度来看,设区的市是历史发展的产物,中央与地方关系的变化、经济体制改革是设区的市发展的重要变量,根深蒂固的官本位意识、宪法文本规定的模糊性也是其成因。市管县体制作为计划经济时代的产物,不再适应当前社会政治经济发展的需求。随着中央权力不断下放,市场经济的发展和公共行政体制扁平化,设区的市要回归城市型行政建制。积极推进财政上的省管县到行政上的省管县的进程是设区的市的回归途径之一,设区的市要从行政功能向经济功能转变,随着地方分权化改革与民主自治意识的增强,可以将设区的市改制为自治市,实行市县分置,在总结清末自治市的经验和国外市制规律的基础上发展城市自治。及时制定和完善相关法律,也是让设区的市长远发展的制度保障。
[Abstract]:The optimization of administrative level and administrative division is one of the important tasks to deepen the reform of the administrative system. The legal status of the city of a district affects the direction of urban development and the positioning of the urban system in China, as well as the improvement of the institutional system of political power and the state structure of the state. The first city collar county system, set off in.1958 years in the past one hundred years, is an attempt to Decentralization under the planned economic system. Until the seven or eight constitution stipulates that "municipalities directly under the central government and the larger cities are divided into districts and counties", the larger cities have been approved by the constitution. At the end of 1982, the "land market cooperation" was fully implemented in 1993 and 1999. Under the impetus of these three waves, city pipe county system has become the most extensive local administrative system in our country. The city of the district has basically replaced the status of the regional administrative office as a provincial organ, and it has become a huge local regime. From the 54 constitution to the 82 constitution, our country is mainly the administrative division. The main purpose of the local administrative system of provincial, county and township level is the local administrative system. The main purpose of the county is to give full play to the economic driving effect of the central city. The city of the district should be the first level administrative system set up to adapt to the public governance of the city. It can be seen that in practice, the "larger city" county is expanded to almost all "districts in the city" of the county. It does not have the constitutional basis. The city pipe county system has played an active role in the special period of the planned economy, but its disadvantages are gradually prominent. With the development of the market economy system, the contradiction between city and county is becoming more and more prominent, and the "urban disease" is followed. At the same time, excessive administrative level has reduced the administrative efficiency and increased the administrative cost. It is a hierarchical space projection formed by the state power in the regional division, reflecting the distribution level of the central and local power in the state. From the perspective of historical institutional change, the city is the product of the historical development, the change of the relationship between the central and the local, the reform of the economic system is the important variable of the development of the District, and the root is deep. The fuzziness stipulated in the constitutional text is also the cause of the ambiguity. As the product of the planned economic era, the city pipe county system is no longer adapted to the needs of the current social and political and economic development. With the continuous decentralization of the central power, the development of the market economy and the public administration system are flat, and the city of the district should return to the urban administrative system. Actively promoting the process of provincial management and administration of the province to the provincial administrative county is one of the regression ways of the city. The city should be transformed from the administrative function to the economic function. With the local decentralization reform and the enhancement of the consciousness of democratic autonomy, the city of the district can be transformed into autonomous city, the city and county are divided and the autonomous city at the end of the Qing Dynasty is summed up. Developing urban autonomy on the basis of experience and the laws of foreign municipal system, and enacting and perfecting relevant laws in time are also the institutional guarantee for the long-term development of cities divided into districts.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.1

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