Although there are some problems in the relationship between the whole family and its parts, we have accumulated a lot of experience and practices. As a way to deal with the relationship between the whole and part of the country
As an important way, it is of great significance and value to study the practice of intergovernmental relations in federal countries.
First, the division of labor mode
The division of labor model is represented by the United States. Its characteristics are: the Federation and the state implement the powers conferred by law through their respective institutions. two
Participants exist in parallel within their respective responsibilities and authorities, and do not interfere with each other. Once there is a problem, we must be responsible to the people. In the eyes of Americans,
It is difficult for local elected officials to perform the duties of the federal government. Generally speaking, the Federation only implements the provisions of the Constitution through its own institutions.
These responsibilities will not be easily handed over to state governments or other local governments. In order to do this, the federal department has to be established in various places.
Set up a large number of branches to undertake their specific work. Of course, when the federal government and the state government perform their duties, their powers sometimes overlap.
Work together. Generally speaking, there are two administrative agencies in the same area, the federal government and the regional government, which implement their own laws and policies respectively.
Policy and power are exercised separately.
Division of federal and state powers
Federalism is a system that divides government power in two directions within the same system. There are no subordinate officials at all levels of the US government.
Affiliation. In the United States, the powers of governments at all levels are clearly defined, and the constitution also stipulates that the powers of States should be retained.
1. exclusive rights. Exclusive right refers to the power that can only be exercised by the federal or state government in a certain field. What powers should the federal government exercise?
Power, the state government shall not interfere; The federal government shall not interfere with any power that should be exercised by the state government. When the federal and state governments happen
When there is a power dispute, the federal court shall make a ruling according to the Constitution and relevant laws. (1) The power of the federal government. One was awarded by the federal government.
The power of government. The federal government is mainly responsible for the overall affairs related to the States. Article 1, paragraph 8, of the United States Constitution lists the United Nations.
The state government has 18 powers, mainly including: foreign affairs, national defense, postal services, interstate economy, national financial affairs, etc. The second is suggestion.
And inner strength. Implied power is a power derived from the power explicitly granted to the Federation by the Constitution. In the actual operation of political power.
In this process, through the constitutional interpretation and relevant judgments of the Federal Supreme Court, the federal government gradually gained some necessary powers to implement the "enumeration right".
With implied power. Its implied powers mainly include: establishing banks and companies, providing funds for roads, schools, medical care and insurance, and establishing the army.
Universities, power generation, selling surplus materials, helping to supervise agriculture and so on. (2) the power of the state government. The power of the state government mainly comes from the reservation.
Power, that is, power not granted by the Constitution and not prohibited by the Federation. There are many powers reserved for the state government, which are not clearly listed in the constitution.
But traditionally, these powers mainly include: the power to formulate state constitutions and state laws, the power to manage various affairs in the state, the power to approve amendments to the federal constitution, and the power to hold elections. In addition, American state governments generally have the following functions: First, they make criminal and civil laws.
Code, responsible for higher education, crime supervision and local government authorization; Second, provide and manage the highway system and social welfare in this state; Third,
Services that should be provided by local governments but cannot be provided by local governments, such as pollution control of civil water, sewers, air and water sources; sequence
Fourth, tax management and redistribution of tax resources; Fifth, be responsible for organizing and managing elections at the federal and state levels.
2.*** has this power. * * * Power means that the federal and state governments * * * have certain power. There is no specific majority right in the Constitution.
Which means they're just hints. But even in the power shared by some governments at all levels, there is a clear division of labor.
3. The power of prohibition. In order to ensure that the powers owned by the Federation and the state do not infringe upon each other, the Constitution clearly lists the Federation, the state and the Federation and the state.
Power that cannot be exercised. The powers that the Federation is prohibited from exercising mainly include: the power not to change its borders without the consent of the relevant state, and not to deprive the state of its power.
Equal rights in the Senate and so on. The powers that the state government is prohibited from exercising mainly include: the power to conclude any treaty and join any alliance or confederation.
Power; The right to mint money and issue paper money; No state may enact or enforce laws that restrict the privileges or immunities of American citizens.
Wait a minute.
(2) institutional setup
1. Independent setting. A notable feature of American government management model is that local administrative units and institutions are complex and diverse, and there is no unity.
Model. What institutions are set up by governments at all levels are decided by parliaments and administrative leaders at the same level, and the federal government cannot stipulate or interfere in state and local affairs.
The institutional setup of the government. There is no organizational system of "separation of powers" in American local governments.
2. The vertical management organization of the Federation. Both the Federation and the States have their own independent government systems to perform the duties entrusted by the Constitution. federal government
Our legislative, administrative and judicial responsibilities are not realized through state and local government agencies. The legislative, executive and judicial branches of the Federation are located in the states.
They all have branches, which directly perform their constitutional duties and are directly responsible to the people. For example, "In addition to Washington, there is also the Federal Supreme Court.
In addition, the Federation has set up 13 federal appeal courts throughout the country, each of which has jurisdiction over more than three states. Further down, there are 94 federations.
District court "[1].
The federal government divides the 50 states, Guam, Puerto Rico and Virgin Islands into 10 standard federal districts, which are established separately.
Set up an office. All departments and their divisions, bureaus and offices have also set up their own regional offices, and some departments and their divisions and bureaus also have separate plans according to business needs.
Regional. Below the regional office, there are regional offices and then local offices. The number of these offices is sometimes amazing. these
Offices in various places not only facilitate the people, but also reduce the work of federal agencies [2]. Almost every federal department has a local office.
Branches under their respective vertical leadership are the direct representatives of the Federation at the local level, and their personnel and property are managed by the headquarters.
Several concrete forms of vertical relations between governments
When analyzing the inter-governmental relations in the United States, we should pay attention to its two outstanding characteristics: First, it is hierarchical. The so-called federalism refers to the relationship between the Federation and the States.
Relationship. The relationship between the state and local governments is generally similar to that between the central and local governments in unitary countries. The state government owns the local government.
To guide power, we can adopt the means of "mandatory and limited" [3] to supervise local governments. "Compulsory" refers to the local requirements at the national level.
What the government must do; "Limited" means that local governments must abide by some special regulations when implementing. example
For example, many states explicitly prohibit public safety-related personnel such as police and firefighters from taking part in strikes. The second is "level". American politics
Although the government has a hierarchy, there is no concept of "hierarchy" between the two, and there is no administrative hierarchy. That is to say, high
Hierarchical governments cannot directly command and lead lower-level governments.
1. The relationship between the "upper and lower levels" of the government. The "rule" relationship between the higher and lower governments is mainly manifested in the following aspects.
Face: First, the federal government, state governments and local governments have almost no "counterpart" institutions. Even if there are institutions with similar or identical names, they
Functions are also clearly defined. Second, there is almost no direct relationship between the administrative agencies of the higher-level government and the lower-level government.
Contact, there is no mutual orders, instructions and "instructions" and other acts. Third, the functional departments of the state government can be responsible for the duties of local governments.
Be able to guide departments and control certain functions.
2. The relationship between the higher government and the lower government functional departments. One of the leadership relationships among the functional departments of American governments at all levels.
An important feature is singleness, that is, the functional department has only one "leader" and is only responsible to the government and parliament at the same level that appointed it. High level politics
The government can't "give orders" to the functional departments of the lower level government. But this does not mean that there is no connection between the two, nor does it mean functional departments.
In administrative behavior, it is not bound by the higher government. Although there is no administrative relationship between governments at all levels in the United States, the laws and regulations at lower levels can't keep up with the past.
Violated the rules of first class. The legislation of higher-level government is one of the basic bases of administrative management of functional departments of lower-level government.
3. The relationship between the functional departments of the higher government and the lower government. Generally speaking, the functional departments of the higher government and
63?
In most cases, the government at the next level is fragmented and responsible for the division of labor. Administrative control of state and local governments by federal ministries
There are few systems, and the Federation and the States are responsible for their own affairs through their own institutions. Federal ministries do not interfere in matters belonging to state governments, states and localities.
The government does not interfere in the work of federal ministries. However, absolute decentralization does not exist in reality. Most scholars are analyzing and studying.
In the experience of governing the country by the state system, we often only pay attention to institutionalization and decentralization, while ignoring the cooperation and control between federal ministries and state and local governments.
Department. In fact, although the power of state and local governments still exists, the content and implementation process of power are increasingly influenced by federal politics.
The influence and function of government policies. In addition, the federal government can give federal ministries the power to supervise the States through judicial channels.
For example, the law promulgated in July 1952 stipulates that the Minister of Finance can reach an agreement with the states to adjust the salaries of staff; 1954
On the other hand, the law of1August 4, 998 authorized the Minister of Agriculture to establish contact with the states in organizing soil protection affairs. Currently, state government agencies
Many of its activities are regulated by federal agencies.
Second, the mode of cooperation
The main characteristics of the vertical relationship model between cooperative governments represented by Germany are: except for a small number of decisions and affairs of the federal government,
Federal agencies are responsible for implementation, mostly through state governments. In Germany, each state not only implements state laws, but also implements federal laws.
Except for a few federal agencies, the implementation of federal laws is mostly in the hands of state government departments, and the federal government only plays a supervisory role.
(A) the division of power
In the Federal Republic of Germany, the decentralization between the federal and state governments is not mainly the decentralization of administrative affairs, but the decentralization of management links. Generally speaking, the law
The formulation of laws and policies is at the federal level, while the implementation of laws is a matter for the States. Due to the wide scope of legislative power, governments at all levels
There are many overlapping responsibilities, so many things need the participation of different governments to complete. Detailed Basic Law of the Federal Republic of Germany
The scope of federal and state legislative power has detailed provisions. They are mainly divided into three categories:
1. The exclusive legislative power of the Federation. The exclusive legislative power is exercised by the Federation, and the States within its scope have no right to legislate. Federal exclusive
States may not interfere with or infringe on legislative affairs, but States explicitly authorized by federal law may also have legislative power. The exclusive legislative power of the Federation
Including: diplomatic and national defense rights, federal nationality rights, freedom of movement, currency issuance and control rights, weights and measures making rights, tariff unification and property.
Freedom of traffic and so on.
2. "Overall legislative framework". This means that the Federation can only formulate the framework of general legislative principles, while the specific details must be handed over.
By the states themselves, such as education, culture, environmental protection and other specific provisions.
3. The Commonwealth and the states have the same legislative power. * * * The same legislative power means that the legislative power is jointly owned by the Federation and the States. Article 74 of the Basic Law
It lists the legislative powers of 26 federal and state governments. Within the scope of equal legislative power, the Federation has priority legislative power. This is mainly manifested in:
First, if the Federation does not legislate within the scope of legislative power, the States have the right to legislate. If one state's legislation infringes on other States or
When it comes to national interests, the federal government can intervene in state legislation; If the state legislation is inefficient, the federal government can establish a state.
Law. Second, if the Federation has enacted laws on a certain matter, then the state cannot legislate in this field; If the state government already has a class
Similar laws, after the promulgation of federal laws, the relevant state legislation must be temporarily shelved or abolished.
4. The legislative power of the state. The basic law does not stipulate the legislative scope of the country, but only stipulates: "The federal legislative power is not granted in the basic law.
Have legislative power within the state. "Because the federal not only has" exclusive legislative power ",but also can widely exercise" * * * legislation.
Right ",so the scope of national legislation is shrinking. At present, the legislative power of the state mainly includes: school and cultural education law, news broadcasting law, local regulations,
National planning law, town planning law, police law, building law, street law, water conservancy law, nature and landscape protection law, etc.
(2) institutional setup
Germany * * * has four levels of government, namely, federal, cantonal (16), county and town. The characteristics of government organizations and institutions are as follows: first,
The Federation and the state are basically the same, and the institutional setup of local governments is quite different from that of the state and the Federation. Second, federal agencies have more branches in various places than.
Less. The implementation of federal legislation and policies depends almost entirely on the state government. The German Federal Constitution restricts the federal government from setting up administrative offices or
The authority of the agency. In other policy areas, the federal government has no state and local agencies, and all its administrative functions are based on the use of its funds.
Political resources are implemented by state and local governments. Third, the state government has more vertical management institutions. The local branches of the state government are far away.
Far more than the branches of the federal government. In Rhineland-Valdez, the state government has 200~300 state functional offices at the local level, such as
36 financial offices, 26 health care offices, 106 forestry offices and 9 road construction offices [4].
(C) the specific form of vertical relations between governments
64?
1. The relationship between governments at all levels. (1) partnership. "Duality" is a major feature of national and local government functions.
Sign. On the one hand, state and local governments should perform their own exclusive local autonomy duties and functions, on the other hand, they should also implement federal and state policies.
A task entrusted by the government. Federal and state governments usually delegate most administrative or executive functions to lower levels of government.
As a result, there has been a "fusion" of specific local autonomy and state-entrusted functions in the system. Except for matters specially managed by the federal government and state governments.
In addition, most transactions still need "full cooperation" at all levels to complete. In Germany, local governments such as counties and towns not only manage local governments.
In addition to the affairs of party autonomy, it is also responsible for performing some duties authorized by the state. The tasks authorized by the state are generally managed by local governments.
The governor is responsible and has no direct relationship with the parliament. The local chief executive is elected, and he is also an agent of the state in law, and he has the responsibility.
Seeking to implement matters authorized by the state. (2) supervision relationship. The autonomy of local governments should be supervised by state governments, which should verify it.
Check whether the activities of local governments comply with the law. The national government's supervision of local governments mainly takes the following forms: First, legal control.
Each state has enacted the Law on Town Autonomy under State Administration and the Law on County Autonomy. The second is to set up a special supervision institution. The state interior department is the place of supervision.
The highest legal organ of party autonomy. The supervisory organ of an autonomous city is the county government; The autonomous supervision of counties, states and big cities is supervised by the state government.
The organization-administrative region is responsible for the exercise. The head of the administrative district is appointed by the state government and supervises the activities of counties and towns on behalf of the Ministry of the Interior. manage
There are no legal and judicial organs in the Special Zone, and its administrative organs are mainly responsible for public security management, road construction and vocational education. The third is to dissolve the place.
Parliament. In case of emergency, the state government can dissolve the local council and announce the early dismissal of the incompetent local chief executive.
2. The relationship between higher-level government agencies and lower-level governments. When the state government performs its exclusive functions and powers, it rarely contacts.
Direct control and intervention of state government agencies. When implementing legislative matters and "entrusted matters", the federal ministries should control them to varying degrees.
Systems and management. When the state implements federal laws, the Federation has the right to guide and supervise the implementation. The federal cabinet can participate in the Senate.
With the consent of the hospital, general administrative regulations were promulgated. The Basic Law stipulates that the Federal Cabinet shall supervise to ensure that the states comply with the applicable laws.
Enforce federal legislation. To this end, the federal cabinet can send commissioners to the highest organ of state power and obtain the consent of the state governments (or in its
Do not agree, but with the consent of the Senate), send commissioners to the lower authorities. If in the process of implementing federal laws in each state,
The federal cabinet found that each state failed to overcome the existing defects, so the Senate can decide the state at the request of the federal cabinet or the relevant state.
Is it against the law?
3. The relationship between the government at the next higher level and the corresponding institutions of the government at the next lower level. Compared with most federal countries, Germany is unified.
National ministries and commissions control the relevant institutions of the state and local governments to a certain extent. This is mainly manifested as follows: first, as a federal agent in the state.
In the case of people's implementation of federal laws, the Federation has complete control over state government agencies; Second, with the consent of the Senate, the Federation can issue
General administrative regulations can stipulate unified training for civil servants; Third, the head of the national competent authority should be appointed with the consent of the Federation, which
The competent authority may issue instructions to the competent authorities of the States, and the state government will ensure the implementation of the instructions. "The highest federal administrative agency (that is, the federal
Ministries) can issue instructions to state administrative agencies.