On the the budget legal system reform legislation main problem
Summary With the constant improvement of the socialist market economic system, the financial reform continuously deepened, implemented on January 1, 1995, the Budget Law of the People's Republic of China in the strengthening of our budget allocation and oversight functions, and improve budget management, strengthen national macro-control, to protect the economic and social health and development played an important role, has increasingly revealed some shortcomings in urgent need of further reform. Author to talk about their own understanding of the main issues only the budget legal system reform legislation. The need for reform of the budget law The budget is approved by the legal procedures of national governments at all levels and departments in the implementation of budget management, and some units during the fiscal or financial revenue and expenditure plans, [1] is the importance of the budget of the national economy part, but also the national management of social and economic affairs and the implementation of one of the main means of macroeconomic control, has a very important position and role in the country's political and economic life. [2] 1994, the Second Session of the Eighth National People's Congress examined and approved, and implemented on January 1, 1995, the Budget Law of the People's Republic of China is the important one of China's fiscal management laws. Budget Law of the People's Republic of China since the promulgation and implementation on January 1, 1995, and effectively promote the review and supervision of the financial budget and final accounts of the people's congresses at all levels, at all levels of government, finance and taxation departments and units in accordance with the law to strengthen budget management, promote the financial functions of the transition and the establishment of the basic framework of our public finances, strengthen our budget allocation and oversight functions, and improve budget management, strengthen the national macro-control, to protect the healthy development of economic and social, and play an important role. However, with the constant improvement of the socialist market economic system, the fiscal reforms continue to deepen the existing budget law has increasingly revealing some drawbacks, as well as the emergence of new legal gaps. These problems to some extent weaken the authority of the should have an active role. This shows that the reform of the budget system law, and build the modern needs of the legal system. [4] Therefore, since the promulgation of the budget law and its accompanying laws and regulations, the majority of professional scholars and staff are actively called for the reform of the legal system of the current budget, in New China's first Budget Act 10th anniversary, the Working Committee of the Standing Committee of the National People's Congress budget announced the official start of the message of the Budget Law Amendment. To conduct a comprehensive legal system of our current budget system, the reform of science is not a simple task, requires not only in-depth scientific investigation, professional analysis of theoretical arguments, but also to transformation of the legal system in strict accordance with the law,ralph lauren sverige, to ensure the legitimacy and authority of the reform. In this article, I was only the determination of the budget law reform in the legislative body to talk about their own views. Second, the legislative body of the current budget law (A) Statutory legislation main In other words, the budget law as the basic system of the financial legal system, should present to the form of law and appropriate role. In accordance with the provisions of Article VII of the Legislation Law of the People's Republic of China, the National People's Congress and National People's Congress Standing Committee exercise the legislative power of the state. Therefore, the statutory legislative body of the budget law (B) the actual legislative body In accordance with the provisions of the Budget Law of the People's Republic of China, the National People's Congress review the draft central and local budgets, and central and local implementation of the report; approved by the central budget and the report on the implementation of the central budget; changes and revocation of the National People's Congress Standing Committee on the budget and final accounts of the inappropriate resolution. National People's Congress Standing Committee of the supervision of the implementation of the central and local budgets; adjustment programs of the review and approval of the final state accounts; review and approval of the the central accounts; revoked administrative regulations formulated by the State Council that contravene the Constitution or the law on the budget and final accounts, the decision and command,nike lunar; revocation of provinces,nike air max kopen, autonomous regions, municipalities directly under the Central People's Congress and its Standing Committee have formulated in conflict with the Constitution, laws and administrative regulations on the budget, the accounts given clearance regulations and resolutions. [5] Thus, the actual provisions of China's budget law, the draft budget prepared by the executive branch, approved by the National People's Congress,ralph lauren online, to enjoy draft budget amendment rights of the National People's Congress, as well as whether the Government is entitled to on the budget approval of the powers of checks and balances did not elaborate. The view from the budget management practices, the National People's Congress is actually only the consent of the draft budget or not exercise the right of approval, not flow with the implementation of the budget draft subjects. Government through the budget of the National People's Congress for approval must also be executed, even if the budget is rejected or protracted lack of checks and balances. [6] In other words, of the content of the budget law actually enacted by the executive branch, the National People's Congress enjoyed the right to vote victory batch and not really practical to the content of the law, so I believe that China's budget law actual legislative body is not a national legislature, but the central and local levels of administration. a (c) The legislative body is inconsistent Accordance with the provisions of China's budget law budget on legislative power. Budget system directly determines the system of fiscal revenue and expenditure of the government at all levels, is directly related to the realization of its economic interests, the government administrative departments at all levels of this Part of this is bound to pursue the development of a draft budget law maximize economic benefits. Can say with certainty, in the case of the limited one of the country's total fiscal revenue, the various departments want the maximum extent possible, so that the share of own to maximize the limited financial income, this is will lead to a different level departments and the same conflict of interest between a department, but each department to achieve their own best interests by will seriously affect the economic stability of our country and undermine our country's economic order. Third, the reform of the legislative body of the Budget Act (A) the legislative powers of the vesting Basis of the preceding, the statutory authority of the legislative power vested There is no doubt that should be attributed to the National People's Congress and the Standing Committee of the National People's Congress, the legislative powers are vested in the key issue should be how to solve legal legislation The problem of inconsistency of the subject and the actual legislative body, in order to avoid a series of problems caused by the legislative body. The I believe that the National People's Congress and the National People's Congress Standing Committee shall exercise the legislative power, but that does not mean we must personally by the National People's Congress and the Standing Committee of the National People's Congress work to complete the drafting of the draft law, but can be changed by the law draft submitted for consideration by the administrative departments inappropriate powers. (B) the power conflict solution The only to resolve the legislative powers vested is not completely solve the problem of budget legislation, should also avoid financial conflicts between different administrative divisions of various people's congresses at all levels to enact its own budget law, I believe that After fully listen to the views of the various departments and people's congresses at all levels of budget allocation by the National People's Congress, or the National People's Congress Standing Committee, comprehensive coordination of the interests of all parties, standing in the height of the global formulate a reasonable allocation of financial income co-ordinating the budget plan, as the people's congresses at all levels to develop the fundamental basis of the budget law, the budget system at all levels must not conflict with the national budget co-ordinated plan, otherwise it should be declared null and void, and that the functions of the various departments do not affect the interest of the whole achieved through rational planning their own departmental interests and the interests of other departments within the allowable range. The legislative body of (c) China's actual situation: the National People's Congress and National People's Congress Standing Committee, composed of mostly lack of both financial and legal expertise; while the National People's Congress and National People's engaged in legal work in the Standing Committee has a system of legal expertise and skills, but the Financial put Ming expertise reach be able to work out the level required by the science, and the budget law; same, have the financial professional knowledge and skills of the staff of the various departments of legal literacy also less than the corresponding standard shows that China is very much lacking along with the talent of both financial and legal aspects of the professional knowledge and skills, and also educational institutions undertake the task of personnel training new requirements, can be seen in order to achieve the legislative body of the building, it must start with education, training more highly qualified personnel to meet the needs of, and they are engaged in related work, to develop a comprehensive, systematic, scientific, perfect The legal system, the full realization of the construction of China's socialist legal system.