The Research On Legal Regulation Of Public Rent-seeking

In the course of adopting the step-by-step reform of our country, there has happened a large number of rent-seeking, these rent-seeking mostly happen in the course of the public property right arrangement or in the course of the enforcement of the public power, so it is called public rent-seeking. Public rent-seeking essentially means people in public body who are close to public resource abuse the chance and encroach on other people's opportunity to attain public resource. It is difficult even impossible to define the property right totally and the undefined property right stay in the public domain. People can obtain the property right through investing resources; these kind of unproductive seeking profit behaviors are just the rent-seeking. The public behaviors of government are compulsive and they are able to create rare artificially, suck as license, quota, examining and approving of government etc. The existence of rare brings the rent, people can invest resources to persuade the government and get the rent brought by the government's public behaviors.Nowadays in our country, public rent-seeking has spread all over the society and has great negative effects on the economy, politics and culture of our country. Thus, Chinese and foreign scholars are unanimous in the policy conclusion of public rent-seeking, which is to carry on effective regulations to it. On the means of the regulation, the western scholars concentrate the focus on the reduce of the activity scope of the government, but this kind of regulation method is not suitable for our country, because there has been happened a large number public rent-seeking phenomenon just under the situation that the activity scope of our government has reduced greatly. Thus, the scholars of our country send their hopes on the formal law, because the law can increase the cost and reduce the income of the rent-seeking and make the rent-seeking lose more than what it gains. The key to the regulation of public rent-seeking in our country lies in the distribution of public power. Because of the long-term influences of the thought of rule by man, the law of our country is weak for many years and lack of efficiency in assigning public power.Long-term and effective regulation of public rent-seeking depends on the setting-up and perfection of the legal mechanism. Because of the agreement between the regulation of public rent-seeking and the economic constitution, we can govern the public power and reduce the rent-seeking under the vision of the economic constitution. Its basic principle is that administrative power can't make profits.Government's property right can bring rent, it is necessary to carry on a reform to the public property systems of our country, which make the holder of property right polarized and defined clearly and reduce the scale of the rent.