央地政府間事權劃分的法治建構方法－－以日本行政事權劃分制度為中心的探討

The Method About the Rule of Law on the Division of Governance between the State and Localities: A Discussion Focusing on the System of Administrative Division of Governance in Japan

我國央地政府間事權如何劃分，一直處於摸索之中。事權劃分與立法權，或者與財權相結合的制度設計在理論與實踐中逐漸走向桎梏，領域式事權劃分模式亦有過度隔離央地協力關係之嫌。同為單一制國家 的日本，在第二次世界大戰後對央地事權的改革中也有相似嘗試。在2000年地方分權改革之後，日本根據“職能分擔原則”形成了以行政事權劃分為主體、立法權與財權分配制度獨立成形又相互關聯的制度體系。這種制度體系沒有採取領域式事權劃分方法，而以執行主體為事權劃分標準，直接利用現行法律實現各行政領域事務的具體分類。這種以行政事權劃分為中心的制度設計，可為我國央地事權劃分的法治建構提供一種新的思路。

The method about how to divide the governance between the state and localities is still in exploration. The system design of the division of governance, which combined legislative authority with financial power, has difficulties theoretically and practically. The method about the division of governance that is based on field also has difficulties such as separating the relation between the stateand localities. In Japan, which is a unitary government as same as our country, there were several otcempts to complete the system design after World War Ⅱ, but all of them ended up with failure. After the decentralization reform in Japan in 2000, a system has been formed, in which administrative governance is in the central, and other authorities or powers are independent while related to each other according to the principle of the division of responsibility. As for the method of the division, Japan gives up depending on traditional pattern that based on field, but relying on administrative subject and current law to complete the exact administrative attribution. This system design, which is based on the division of administrative governance placed in the central, can provide a new research idea for the rule of law and the division of governance in our country.