British home rule

下面为大家整理一篇优秀的assignment代写范文- British home rule，供大家参考学习，这篇论文讨论了英国的地方自治。近年来，英国的地方治理得到了蓬勃的发展，尤其是公民投票后权力下放产生的苏格兰政府，把地方自治推向了新的高潮。英国的地方自治在发展过程中，为解决央地关系、地方政府选举等问题，付出了很大的努力，为世界地方自治提供了蓝本。

The rich experience of local autonomy in Britain is the best prescription to solve the chronic disease of villager autonomy in China. There are inherent similarities between the two. In terms of constitutional status, both of them are generated from the provisions of the constitution, have the essence of constitutional adjustment of "state power" and civil rights, and are between the superior government and voters. In terms of self-governing organizations, both the British local government and the villagers' self-governing organizations in China are the "unity of discussion and action" system in a broad sense. In principle of autonomy, they both follow the principle of autonomy according to law. Based on the enlightenment of local autonomy in Britain, the villagers' self-government in China should improve the legal norms of self-government and provide guarantee for self-government according to law. Competitive elections shall be introduced to facilitate villagers' elections and ensure villagers' right to vote; Rural power should be standardized, each in its own way; The work of a village committee should be matched with its remuneration to encourage talents to participate in villagers' autonomy.

Originally originated from the Paris commune, the "unity of discussion and action" has long been regarded as a summary of the relationship between political rights in socialist countries, and its essence is the combination of representative organs and administrative organs, or the combination of representative powers and executive powers. Although in recent years, China's people's congress system has been criticized for its "unity of discussion and action", this system has its roots and rationality, for example, it can guarantee the consistency of discussion and action, the function of discussion and action, the centralization and unification of state power, and the protection of people's sovereignty.

Britain is a traditional capitalist country, and its state power structure should be in the form of decentralization, that is, representative structure and administrative organs should exercise their respective functions and powers. However, in the central government of modern Britain, due to the control of political parties, the separation of powers and checks and balances between the parliament and the executive gradually weakened. In local governments, representative agencies and administrative agencies are more integrated, almost forming the socialist country's "unity of discussion and action" system. In England and wales, for example, each level of local institutions has a local council, whose chairman is called "mayor" in the city and "mayor" in the town. The local parliament is the representative of the local government, directly exercising the executive power, in line with the "unity of discussion and action" nature. As the key point of devolution of the central government in Scotland, there is no clear boundary between its legislative and executive bodies. "most cabinet officials of the Scottish government are elected by the Scottish parliament, and each cabinet official is also a Scottish member of parliament". Therefore, it can be said that the representative bodies of British local governments, namely the parliament and the executive, have the essential characteristics of "the unity of discussion and action" to a great extent.

The villager autonomy in our country also has the special character of "unity of discussion and action". The villagers' committee is an autonomous organization of the masses at the grass-roots level. According to article 11 of the organic law of the villagers committee, "the chairman, vice-chairmen and members of the villagers committee shall be directly elected by the villagers"; According to the provisions of article 2 of the act, "the villagers' committee handles the public affairs and public welfare undertakings of the village, mediates civil disputes, and assists in maintaining public security". From the perspective of the law, on the one hand, the members of the villagers committee are elected by the voters, which is a representative body. On the other hand, the villagers' committee directly manages the affairs of the village, which is an executing agency and does not need the cooperation of other agencies. Therefore, the villager autonomy is a typical "unity of discussion and action" system. There is a high degree of similarity between the two ways of self-government, which is one of the main reasons for the villagers' self-government to learn from the British local self-government.

The rule of law is one of the basic principles of the constitution. Britain is the origin of the thought and practice of the rule of law in western capitalist countries, which has a profound influence on the whole western rule of law. Although Britain is an unwritten constitution country, but its rule of law principle implementation, is its constitutionalism one big bright spot. As Vernon said, "although the specific meaning of the constitution is still different, but the government should abide by the law, act according to the law, limited power, personal freedom, undoubtedly belong to the core elements of the constitution. As a part of constitutionalism, local autonomy is governed by law. The power of each autonomous region operates within the scope of the law and has a perfect legal system of autonomy.

The rule of law is also the basic principle of villager autonomy in China. First of all, from the constitutional point of view, China's constitution requires the people of all ethnic groups, all state organs and armed forces, all political parties and social organizations, and all enterprises and institutions to take the constitution as the fundamental criterion for their activities. Among them, the subjects of the villagers' autonomy, such as the villagers and the villagers' committee, are inevitably the subjects required by the constitution to follow the constitution. Secondly, from the perspective of specific laws, article 1 of the organic law of villagers committee stipulates that, in order to guarantee the autonomy of rural villagers, villagers shall handle their own affairs "according to law". Article 4 stipulates that the CPC should support villagers' autonomy "in accordance with the constitution and laws". Article 8 stipulates that the villagers' committee shall be "administered in accordance with the law... "; Article 10 stipulates that the villagers' committee and its members shall "abide by the constitution, laws, regulations and state policies". Therefore, law-based autonomy should be one of the basic principles of villager autonomy.

The principle of rule of law is the common ground between British local autonomy and Chinese villagers' autonomy. Only when both sides abide by the law and rules, can we learn from the experience.

In view of the inherent similarity between British local autonomy and Chinese villagers' autonomy, some experiences of British local autonomy can be used by us. Since the promulgation of the villagers committee autonomy law, the villagers' self-government in China has been unable to get rid of some chronic diseases, and a series of new problems have arisen, which urgently need new solutions.

As a necessary procedure for the emergence of autonomous organizations, election is also an important way for voters to participate in the autonomy. In Britain, a country with a long history of democratic politics, local elections are more complex and important than central ones, though they are less spectacular. As an organ of local autonomy, local councils elected by local governments enjoy extensive autonomy in local affairs and still play an important role in local political life. For example, the Scottish parliament enjoys first-level legislative power, budget power and certain floating tax rate power, especially the high-level legislative power. It can be seen that there is much to learn from the British local election mechanism.

There are many problems in the election of villagers' committees in China, such as direct appointment by township governments, internal selection of candidates, squatting of quotas by members of village committees, and vote-buying, etc., which make the villagers' election almost a mere formality or even no election at all, which greatly discourages the enthusiasm of villagers in the election. Great efforts have been made to motivate British voters to participate in local elections. If voters make a rational analysis of the "cost-benefit" of the election, and come to the conclusion that the cost of voting is greater than the effect of voting, it will be more tempting not to participate in the election. And the fundamental way to solve this "cost-benefit" conclusion is to make voters focus on the election itself instead of the election results. As a result, local elections in Britain are widely competitive, with speeches between candidates being a "good show" and voting a way for voters to participate in self-government, even though they know that their vote will not have much impact on the outcome of the election.

To increase the convenience of voters' election is the guarantee of their participation in the election. Great Britain has taken many effective measures to improve the participation rate of local elections. The population of Britain is quite mobile. Some local governments have adopted the method of mail voting and electronic mail voting. Compared with other voting methods, the participation rate of mail voting has increased by 14%. In addition, Britain has also taken measures such as voting before election day, extending election day, and setting up special polling stations in places that attract the public, such as shopping malls, in order to increase the participation rate.

There are a large number of migrant workers in rural areas in China, and the election information is difficult to convey and vote, resulting in low participation rate in the election. Drawing on the experience of British local autonomy, we can use modern communication technology to inform migrant workers of the election situation. Migrant workers may be allowed to vote before or after the election; Migrant workers may be allowed to vote by mail.

The central and local governments, with their respective strengths, cannot replace each other. The central government must delegate to local governments powers beyond its reach, and local governments must relinquish powers beyond their reach. The balance between central and local government relations in Britain is embodied in local government laws. Still take the local government act of 1972 as an example. This act lists the functions of local government such as environment, education, social and public services, police, fire protection, public transportation, public libraries and museums, charities, local permits, cemeteries and churches. The central and local governments work independently and cooperate with each other on the law of local governments.

The relationship between the villagers committee and the township government has not been properly handled. Article 5 of the organic law of the villagers committee stipulates the relationship of "guidance" and "assistance" from the township government to the villagers committee. Therefore, first of all, rural relations must be clarified in the form of norms, such as the interpretation of the organization law of the villagers' committee issued by the National People's Congress. Second, we should crack down on the abuse of power in practice, such as taking the villagers' committee as the lower administrative organ of the township government.

The government's power is largely determined by its fiscal position. The financial struggle between the central and local governments is a common problem faced by major countries in the world. How to allocate central government finance is the key to deal with central government relations. For the villagers' autonomy, the financial relationship between the villagers' committee's autonomous finance and the superior government is also a key to its autonomy.

On the one hand, some rural areas in China are relatively rich and the rural economy is developed. In these villages, the villagers' autonomy is not controlled by the township government, and they can do whatever they want, which is easy to form the extreme of "excessive autonomy". In order to weaken local autonomy, especially during thatcher's government, Britain introduced many policies to restrict local finance. The most effective policy was the "cap policy", which limited the budget and tax rate of local governments to a certain standard. The author believes that the phenomenon of "excessive autonomy" of villagers should be legally limited and specific standards should be formulated to prevent the villagers' committee from abusing its power.

On the other hand, in remote areas of China, where the economy is backward and village affairs are numerous, it is difficult for the villagers committee members to match the time and energy they spend in managing village affairs with the subsidies they receive, which affects their normal life and thus hampers their enthusiasm for self-governance. In order to support local governments to manage local affairs, the central government of the UK spends a quarter of the total national expenditure on local governments, accounting for 9% of the GDP, which is also one of the costs of controlling local government finance. For the remote and poor rural areas in China, the sources of self-governance funds should be incorporated into the government budget to ensure the operation of villagers' self-governance. At the same time, we should vigorously promote the development of rural areas, develop rural collective economy, promote the rational and orderly transfer of rural land, and provide economic guarantee for villagers' self-governance.

"The economic base determines the superstructure", without which autonomy cannot be maintained. In 2010, after the revision of the organic law of the villagers committee, the restriction that the members of the villagers committee "do not break away from production" was removed. In China, a considerable number of the members of the villagers committee participate in the villagers' self-governance on a full-time basis and take "administrative classes" just like civil servants, but there are no civil servants or ordinary urban workers in terms of salary and welfare. Under this system, it is difficult to attract villagers to participate in the villagers' self-governance, and they are more willing to go out to work to make a living.

Councillors' pay has had its ups and downs. Traditionally, British people regard mp as a part-time job, which is also a kind of obligatory job, so there is almost no remuneration. However, the work of parliamentarians gradually developed into a full-time job. If there is no pay, it will inevitably affect the life of parliamentarians, because not all parliamentarians have enough wealth, especially the handicraftsmen. In recent years, the allowances for councillors have increased substantially enough to guarantee a full-time councillor's life before he or she can fully commit to local autonomy.

According to local reports, some full-time village cadres can only get up to 1,500 yuan a month, which is not as high as that of temporary workers or even village coordinators. Therefore, improving the treatment of the villagers committee is an urgent need to ensure the villagers' autonomy. In the author's opinion, only by establishing a reward mechanism suitable for the village cadres' efforts can they be guaranteed to devote themselves to the work of autonomy, attract outstanding talents to participate in grassroots autonomy and improve the ability of grassroots autonomy.

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