当前,地方政府间的竞争已深嵌入“改革的国家体制”和经济发展模式内部,在发挥这一体制或模式的绩效优势的同时,也存在着深刻的合法化、规范化难题。地方政府间的竞争本质上是以地方政府为主体的经济竞争,它带来了一系列制度化的效果。地方政府间的竞争关系成为地方立法的结构性约束条件,以其为动力的地方立法,一方面,发展出了工具理性、实验主义、制度绩效等突出特点;另一方面,也存在地方立法的民主合法化基础的缺失、法治系数偏低、规范冲突等风险。其需要从规范竞争秩序、完善政治问责机制、加强立法的公众参与等三个方面进行制度防范和矫正。 At present, the competition among local governments has been deeply embedded in the “national system of reform” and the mode of economic development. While giving full play to the performance advantages of this system or model, there are also profound legalization and standardization problems. The competition between local governments is essentially the economic competition with the local government as the main body, which brings about a series of institutionalized effects. The competitive relationship between local governments has become the structural constraint of local legislation, and the local legislation powered by it has, on the one hand, developed the salient features of instrumental rationality, experimentalism and institutional performance; on the other hand, The lack of the foundation of legalization of democracy, the low rule of law coefficient, and the standardization of conflicts and other risks. It needs to guard against and rectify the system from three aspects: regulating the order of competition, perfecting the system of political accountability, and strengthening the public participation in legislation.