Legal Regulations On Economic Behaviors Due To Government Failure

In China, governments are a trigger mechanism in the market-oriented economic reform. With China's economic reform moved into a deeper and more difficult stage, to solve the economic problems incurred by government failures is of growing significance. To seek a rigid solution to the government failure in economic sphere by means of the system of economic laws is a practical issue that should be taken seriously in the circles of economic laws. Government failure can occur in many different economic fields. Due to space limitation, this dissertation will, taking government failure that happens often as the analysis sample, puts forward legal strategies and countermeasures to improve the regulations on economic behaviors incurred by a government failure. The dissertation consists of four chapters:Part One discusses the manifestations and causes of an economic behavior incurred by a government failure. To begin with, this dissertation, from the perspective of economic law, makes an initial definition on the legal concept of an economic behavior caused by a government failure.Then, taking the behavior of government failures that happens frequently in economic field as the analysis sample, the dissertation tries to uncover the causes for economic behaviors incurred by government failures from the perspectives of law, economy, politics and society. Part Two deals with the value objective for economic laws which regulates economic behaviors triggered by government failures. First of all, at the levels of content and pattern, legal values of regulating such economic behaviors are explored. And then the safeguard of the economic rights of citizens, the development and mature of civil society and the formation of ideal market order are seen as the value objective of legal system in regulating the economy triggered by government failures. A conclusion is thus drawn, that is, the above value goals should not be understood in isolation. During the process of carrying out those value objectives, the benign interaction between value goal and the function of economic law to solve government failure in economic field shall not be ignored.Part Three makes a comparison on the system of the regulations on economic behaviors incurred by government failures in the United States, Germany and Japan. From the perspective of legislation, internal (namely, administrative) and jurisdictional regulations, the author of this dissertation conducts a comparison of economic law and system used to curb government failures in these three countries. The commonalities and features of related systems are discovered, which is the matting for the system reference in the following part.Part Four makes a probe into the perfection of economic and legal systems in order to regulate the behaviors of government failures. In this part, the strategies and suggestions are made from four respects to improve China's economic and legal system for the regulations on the behaviors of government failures. Specifically, they include the legal mechanism of final institution, the procedures for government economic behavior, assessment on the performance of government economic behavior, and the supervision mechanism on government economic behavior.