Abstract:
Administrative division is the foundation of the State, the basis and means by which the Communist Party of China leads the people to promote the modernization of the State's governance system and capacity in accordance with the Constitution and the law. Administrative divisions have spatial attributes and a relatively independent administrative structure, thus creating a national spatial governance pattern and supporting the overall organization and systematic operation of the State. The administrative division system has a long history of more than 2, 000 years in China. Since the founding of New China, and especially since the reform and opening up of China, administrative divisions have been constantly reformed and innovated. Administrative divisions have expanded from basic administrative districts to functional administrative districts, which not only have important political functions, but also have powerful administrative functions. It has become an important means for the government to promote economic and social change and transformation, urbanization process, and regional development, and has made outstanding contributions to the modernization of China. However, due to the lag in research and the limitations of the administrative law adjustment paradigm, most of the administrative divisions are outside the regulation of the administrative law. The lack of integrated management of basic and functional administrative districts, the duplication and intersection of spatial and power resources result in the imbalance of the development of the country, and the multiple interests involved in the process of adjusting administrative districts, especially the interests of the relative people, have not been well protected. In view of this, this paper starts from the practice of administrative division, with the administrative function as the perspective, discusses the connotation and extension of administrative division, the necessity of administrative law regulation of administrative division, and how the administrative law can implement the regulation of administrative division and other issues. By strengthening the research on the legal problems of administrative division, this paper provides basic ideas for the administrative law regulation of administrative division and promotes the rule of law of administrative division.