Dissertation
Dissertation > Political, legal > Legal > Chinese law > Economic Law

The Research on the China’s Local Public Goods Law

Author WangYanYang
Tutor GuPeiDong
School Southwest University of Political Science
Course Economic Law
Keywords local public goods district social control and governance thetransformation of government function demand supply
CLC D922.29
Type PhD thesis
Year 2012
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The profound background of public products supply is the transforming of society, including the social problem and the society governance. Civilians call for the enforcement of developing right under the transforming duration, and it is crucial to cover all civilians by the developing outcome of the national economy.The value of Constitution is to hold the power of government and protect the basic rights of civilians, and to pursue this, public goods are the connecting point. To provide public goods evenly to all civilians, this is the fundamental role of governments, which in the nature is how to balance the interests of the country and the civilians. The power of authorities is committed by the civilians, hencefully, governments are responsible to afford the public goods according to the committing of civilians. So, the ability of an authority to afford public goods effectively is the ability of an authority to govern the society.To answer how to transform the governmental function, focusing on the local public goods, this article probed into the following questions,The first part is the relationship of the society transformation and public goods. The social contradiction keeps changing, which pushes the transformation of social governance. The practical way to put the social control into effect at the district level, is to move the local government to be the most important supplier of local public goods, which is beneficial to rebuild government’s authority, and is beneficial for civilians to express the demands on public goods.The following section researched the demand of civilians. Since the criteria of effective public good supply law is to fit the demand of civilians, the first key step is grasp the demand of civilians on public goods. The transformation of society pushed that of civilian’s demands. Different civilian groups focus on different public goods.The third step is to probe the relationship of supplier, including government, NGO, market. The regulation of public goods supply is heading for a trend of multiple suppliers. Local districts have multiple suppliers.The forth part is in relation with the practice of local district, especially that of Deyang city. Each regulation of local practice about the rebuilding of public goods supply is a compulsory regulation, and the accumulation of "trying fault" explored a lot of beneficial experience for the future formal law.The last is about the public goods law’s default and the coming changes. The present public goods law systems have nothing more than a frame, and the frame is difficult to afford clear guidance for the government’s administrative job, and the judicial judge also meets the challenge of verifying. So, there are two ways to exert the function of public goods law system, the first way is to fix the present law system, and minimize the contraction of different laws. The second way is the adaptation of Paternalism to enforce the litigation ability of civilian clients.

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