On The Legal Analysis Of The Government Credit Under The Credit Economy Condition

The credit is the will and capacity which the promise in mind combined with the practice in prospect that based on the honesty, and which the dual-subject or the plural-subject on the purpose of the need in the economic life. The credit is connected with economy from the very beginning, and is the economic scope that subordinated the goods and the monetary relationship. But in the market economy, every economic apartment can't be without the credit, for which takes very important role in the economic development. We could say, the market economy means the credit economy.The maintenance of the order, the creation of the rule, and the construction of the credit are rely on the government and the government credit, except for the social organization and the civilization personal behavior. The government credit is so called as the public subjection and the psychological reflection of the government image. In our country, we always concentrate on the economic function of the government of the government credit initially. Therefore, as the economic public law, economic law is also the promise that the government should offer to the market subjection. In the social credit system, the government credit is the basic and core of the social credit, and is also the key to the credit economy, brings into play important function in the credit economy. The government credit is the basic of the socialism market economy, the guarantee of the social credit, and is the term of governing by law. Meanwhile, there are many problems. Therefore, how to construct the government credit under the credit economy condition. is very actual and necessary. The thesis mentioned such legal analysis conclude four parts to express the questions.The first part has discussed the theory origin and the legal connotation of the government credit. It contains three theories, including the social contact which is close to the government credit, the request-proxy theory, and the transaction cost theory. And simultaneously, on the government by law and the economic law two angles to take the emphasis on the legal connation of the government credit.The second part has discussed the status and the function of the government credit under the credit economy. It is mainly elaborated from three aspects that, firstly the relationship of the government credit and the credit economy; secondly the status of the government credit under the credit economy; thirdly the function of the government credit under the credit economy. Providing the theory to support the discussion of how to construct the government credit under the credit economy.The third part is to analyze the existing problems of our country government credit according to the current situation of the government credit. Such as, the misty of the credit legislation or being lack of the legal execution, or the abusing of law and policy and the breaching of law by the government. The reason that caused government failure includes, being short of constructing the credit law, deviating the law and being lack of surveillance and the ethical that cause by the non-balance of the information opening institution, and being lack of the security and the prosecute mechanism.The fourth part has discussed the legal analysis of the construction of the government credit under the credit economy. First the government by law is the key of the construction of the government credit. Next, legal credit adjustment is the premise of the construction of the government, especially pay attention to the relationship of the economic law and the administrative law, which are regulates the credit. Then, the credit jurisdiction is the safeguard of the construction of the government credit. Finally, developing the moral and the law are both the important to the construction of the government credit.