Legal Regulation Choice Of Public Goods And System Construction

Public goods with non-exclusive and non-competitive have aphasia in the field of law, reason is that people stay on the value of public goods in the instrumental phase, but did not notice the purpose of public goods value. Since 2003, SARS epidemic, the South ice disaster, 5.12 earthquake, etc. brutal facts. The public goods exposed the deficiencies in the legal field. Public goods of market failure, government failure and use of individual rationality and social rationality of the game paradox, in real life, stock shortage, incremental development is not quite reasonable, balanced allocation and distribution of such factors and a single supply system , derived from the legal regulation of public goods inevitable trend. From its part, the relationship between public goods involved in the legal adjustment of the adjustment object, adjust the objectives and principles of values and adjust the characteristics different from other laws. Both theoretical and practical level or adjust the characteristics of its own level of public goods unified, comprehensive legislative adjustments are of important significance. At this stage, public goods mainly are incorporated into the legal regulation in the civil law, administrative law and economic law field. Public goods model are lack of civil and administrative law, and economic law in the production of public goods, supply and use in the design of legal relations, the state and the market to resolve conflict, target selection, and methods of relief has a strong advantage. In the broad framework of economic law, public entities on product legislation should focus on the main system of legal relations, public goods funding system, the formation mechanism of supply and demand of public goods and capital finance distribution system, pricing system and its public supervision system of public goods related systems design. Since there is no economic law to its own procedural law, the public goods legislation still provides a judicial remedy problem, mainly concentrated in the main proceedings, judicial review and excited about mechanism, the burden of proof and litigation expenses system.