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The legal system of rural public goods Discussion

Author: HaoJianTing
Tutor: ShenPing
School: Southwest University of Political Science
Course: Economic Law
Keywords: Supply of public goods Legal System Rural compulsory education Effective supply Rural residents Theoretical analysis People's commune Scientific and cultural qualities Common needs of society Increase farmers' income
CLC: D922.4
Type: Master's thesis
Year: 2005
Downloads: 212
Quote: 0
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Abstract


Abundant and effective supply of rural public goods is the prerequisite of rural economy development and the important term of rural society progress. The state of rural infrastructure, such as water conservancy and traffic, directly determines the productive level of rural society. Rural compulsory education and professional know-how education are closely related to peasants’ scientific and cultural qualities. Agricultural science and technology is a important strength that improves agricultural productivity and increases peasants’ income. However, the rurals public goods supply in our country presents a crisis which becomes more serious in recent years. The water conservancy are long neglected. Nobody maintains traffic facilities. The agri-scientific research is put into insufficiently and the sci-tech popularization level is low. The input of education is hard up and educational facilities lag. How to structure complete legal system of rural public goods and to exert social effects concern with agricultural development and increase of peasants’ income and progress of rural society and even stability and development of the wholes.The full text divides into three parts.The first part is to analyse the Legal system of rural public goods supply.At first, this text analyses the rural public goods. Opposite to personal things, public goods are non-exclusive and non-competitive things. Rural public goods are the things that governments or other organizations offer. They satisfy the demand of rual resident. According to the different rights that rural public goods ensure, they can be divided into the rural public goods that ensure subsistent right and the rural public goods that ensure development right.Secondly, on the basis of analyse about rural public goods, this text analyses the legal system of rural public goods supply. Point out that it should be mainly formed by three parts: the provision on subject, the provision on decision and the provision on fund. From three respects ofeconomics, sociology and the value of law, this text draws a conclusion. The legal system is a basic way that governments interfere economy and solve the problem of rural public goods supply. It incarnates the regulation and intervention on citizen’s society in the political country. It is the embodiment about the value of equity and rights of man.The second part is the historical evolution of the legal system of rural public goods supply and the analysis about present situation.Firstly, the text discusses the historical evolution. The legal system evolves from the system of people’s commune time. Essentially, it is a continuing system of people’s commune time. The household undertaking system is the radical transformation about product way. But its implementation has not brought the rural public goods into sufficiency. On the contrary, it incarnates the flaw of rural public goods supply.Next, the text analyses the present situation. The current rural public goods supply appears malfunctioned condition: the shortage of total quantity, the unreasonable structure and the low efficiency. This malfunction is affected by the flaws of the present legal system. The present legal system has mainly three flaws. The law has not made the explicit stipulation about the responsibility of governments and the rural collective economic organization. The demand expression of farmers about rural public goods lacks correlated legal system to safeguard. The legal system about shifting payment of rural finance should be perfected.The third part is to coustruct the legal system of rural public goods.At first, this text points out that the legal system must be constructed by the basic idea of the economic law. Namely, we must take the social public interest as the starting point and the aim, take the social justice as the pursuing value, take the national moderate intervention as the adjustment method, return the goal of optimized disposition of resources, and promote the sustainable development of countyside, agriculture and even the society.Next, acorrding to the basic idea of the economic law, this article constructs an overall law frame for the rural public goods supply. It is mainly carried on from two aspects:Firstly, from the static angle, we must regulate the subject of the rural public goods supply by law. Namely, we must construct structural pattern that includes governments who are leadership, village committee, cooperative organizations and enterprises. From four respects of the acquirement of governmental qualification, longitudinal division about governmental responsibility, the way that governments offer public goods and the legal design of the village government reform, the text makes the governmental responsibility clear. At the same time, this text dicusses that the village committee, the cooperative organizations or the enterprises supply the rural public goods and puts forward the corresponding legislation proposals.Secondly, from the driven view, we must safeguard the decision-making and the supply fund. In order to guarantee scientific and democratic decision-making, we must establish perfect demand expression system of farmers. We must set up the perfect shifting payment system of rural finance to ensure the sufficient investments.

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CLC: > Political, legal > Legal > Chinese law > Agricultural Economics and Management Act
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