The Study On The Legal System Of Government Investment Decisions-Making

Investment is an important driving force for stimulating the national economic growth.The total social investment is constituted by the government investment and social investment.To realize the functions of the economic regulation,social management and public services,to meet public needs,and to promote the comprehensive;balanced and sustainable development of economics and society,government investment is the behavior and process of converting funds into assets invested by the government as an investor.The government investment is an important lever to guide the investment of the society,which is related to the long-term strategy of economic development and people's livelihood,to the deeper problems of economic,political,cultural and social development.So it plays an important role in the development of economics and society.Especially for the countries in transition,the role of government investment is in the first place,which has lots of dynamic,amplifying and multiplier effect.In recent years,with the rapid development of economic society in our country,people demands more and sounder public service.The scale of government's spending and investment is expanded continually.The importance of government investment is also rising.Especially after the financial crisis in 2008,the government made a 4 trillion investment plan and a series of relevant measures to rescue the market.It is the maximum energy of the government investment function.However,many problems are remained in the government investment field.And it has aroused strong focus and concern on the scientific decision and effectiveness of government investment.As the saying goes,"the error in decision-making is the biggest mistake." The government investment decision-making is the primary link of government investment,and the core of government investment management.And it is related to the success or failure and merits or demerits of government investment.In this paper,the government investment decision-making is the logical starting point of the government's economic behavior.It analyses the government investment decision-making from the view of law,economics,management and innovation of government management,so as to clarify the theoretical basis.The scientific,perfect and effective system of government investment decision-making,which is based on the inspecting of history and foreign countries,is the guarantee of scientific decision.Unfortunately,the legalization of government investment is deficient now in our country.So our government investment decision-making is generally lack of legal regulation.There are no unified,clear,authoritative provisions in some basic issues,such as the authority,process,supervision and responsibility of the decision-making.The results are that scientific and democratic nature of decision-making can't be guaranteed,that the corruption of decision-making can't be banned,that mistakes of decision-making are often seen.There are two major reasons for the difficulty in impelling decision-making system of government investment At first,the behavior of government investment decision-making is complex and the interests adjusted are profound.But the more important reason is lack of clear cognition on the regularity and theory of government investment decision-making behavior.So it is difficult to reach a consensus on the decision-making system of government investment.Therefore,it is in an important task and realistic problem in theory and practice to build up a set of legal systems of government investment decision-making.The system can not only reflect regularity of decision-making,but also meet the concept of nomocracy.The government investment decision-making is a compound problem that relates to law,economics,management and public administration and other disciplines.After inspecting the history and foreign countries and analyzing the current situations,this paper,from the view of economic law,mainly includes the basic principles,purview division,procedures and supervision of the government investment decision-making.By using the basic principle of economic law combined with relevant theories,such as economics,management and public administration and other disciplines,this paper tries to explore why Chinese government invests,where to invest,how to make decision and how to perfect the decision-making system and the problem of nomocracy.At last,this paper is aimed at making legislative suggestions.In order to accelerate the legislative process of government investment decisions,build up a unified,normative and perfect system of government investment decision-making,and ensure to realize the democracy,science,rule of law,fairness and efficiency of government investment decision-making.It is important to note,because of the complex and various behavior of government investment decision-making,solving some realistic problems are not only related to the destruction and construction of current system,but also the adjustment of current system.Therefore,we should apply the research and system to Chinese reality,background and the prospect.We also need common focus from society and father study from other disciplines,such as law,economics and management.The view of economics law is innovative in this paper,especially the economic power division,operation procedure and supervision in the field of macro-control law.It analyses the system of government investment decision-making comprehensively and profoundly,explores the legalization of government investment decision-making and puts forward the strategic framework for the legislation.It is very difficult to collect data,because government investment decision-making is strongly self-close.The research is practical and concrete.So even if I have found the key to some practical problems,suggestions on improving the system is also very difficult to put forward.It is common that the system,mechanism,institutional problems coexist.Those issues will be further explored and improved in the future research.