Q: In what ways do Chinese government agencies perform
their functions? How are the powers divided between the central
government and local governments? How are contradictions between
central policies and local policies dealt with?
A: China's administration includes government agencies at
central and local levels, with the State Council as the highest
organ of state administration. Local governments include four
levels: provincial level, prefecture level, county level and
township level.
Since 1998, China has adopted significant reform of the
institutional structure of the State Council, which comprises:
General Office of the State Council and 28 ministries, commissions
and general administrations, one special department directly under
the State Council, 18 departments directly under the State Council,
eight offices under the State Council and some institutions
directly under the State Council.
China's administrative divisions include 22 provinces, five
autonomous regions and four municipalities directly under the
Central Government and local governments at the level of
prefecture, county and township. All of them are under the
leadership of the State Council and administrate local affairs.
Prior to reform and opening up in 1978, power in China had been
too centralized in general. In terms of the relationship between
the Central Government and local governments, power was mainly held
by the Central Government; in terms of the relationship between
society and government, power was mainly held by government; in
terms of the relationship between the ruling party and the
government, power was mainly held by the ruling party.
According to the Constitution and the Law on Legislation,
people's congresses and their standing committees of provinces,
autonomous regions and municipalities as well as large cities are
entitled to formulate local regulations, and governments in these
places have the power to draw up local rules. Ethnic autonomous
regions are entitled to formulate autonomous regulations and
special rules. However, the status of local legislation is lower
than that of central legislation, and when local legislation
contravenes central legislation, state laws, administrative
regulations and state policies shall prevail.
Moreover, according to the principle of being led by the Central
Government and fully playing out the initiatives of localities,
China has clarified functions between the Central Government and
local governments in terms of economic regulation, market
supervision, social management and public services. National or
trans-provincial affairs are managed by the Central Government in
order to secure the unity of the country's legal system, policies
and market. Affairs within the localities are managed by local
governments in order to raise efficiency, lower costs and improve
administrative vigor. For affairs to be managed by both the Central
Government and local governments, scope of management and
responsibilities should be clarified according to different
circumstances. Furthermore, the state has gradually straightened
out the functions and responsibilities of the Central Government
and local governments in terms of finance, taxes, investment, and
social security, in accordance with the division of functions and
responsibilities in the management of economic and social
affairs.
The division of functions and responsibilities between the
Central Government and local governments is decided by the economic
and political interests of the Central Government and local
governments in the final analysis. How to handle the relationship
between national interests and local interests is a very important
question in the political lives of most modern countries. China is
a socialist country. Although it can better reflect the fundamental
and long-term interests of its entire people, an undeniable point
is that contradictions still exist between the Central Government
and local governments. How to deal with these contradictions is
still a very important question to a large country such as
China.