The reform of the territorial management system in the Chinese path to modernization is driv-en and motivated by economic modernization,taking the removal of obstacles from the planned economic system as the problem-oriented direction and implemented through continuous and extensive decentrali-zation.The principle of territorial management has undergone a developmental process from a factual principle to a legal principle.As a factual principle,it guides the reform of decentralization and the di-vision of powers and responsibilities at different levels.As a legal principle,it is the legislative confir-mation of the achievements of the territorial management reform,with the internal legal effect of clarif-ying the division of powers and responsibilities at different levels in order to eliminate isomorphic respon-sibility and the external legal effect of clarifying jurisdiction and restraining judicial review by courts.The constitutionality of the territorial management reform can be justified based on the two initiatives principle in the Constitution.With the deepening of state governance modernization,the principle of ter-ritorial management is becoming increasingly important and the need to include it in the scope of legal reservation is also becoming increasingly prominent.General and comprehensive provisions of law should be made on whether to implement territorial management,how to delegate powers,and how to divide re-sponsibilities.As for the achievements of the territorial management reform,subject to the non-violation of mandatory provisions of superior laws,specific confirmation may be made by laws,administrative reg-ulations or rules in accordance with the principle of non-delegable legislative power concerning major questions.
Chinese modernizationterritorial managementdecentralization of powerdivision of powers and responsibilitieshierarchical responsibility
NETL
NSTL
万方数据
维普
