The Research Of Legal Issues In Urban Infrastructure's Marketization

The infrastructure is the sign of a city's development, whose construction and development is refer to the level of people' lives. So the infrastructure is monopolized by the governments. But with the development of the economy, the defects that it is monopolized by governments have appeared. For examples, the expenses of governments soar; efficiency of economy are on the decline; the corruption also appears. All these have dramatically restrained the development of economy and the progress of society. When it comes to the last stage of 19^th century, many countries begin to carry out the reform of marketization in the area of infrastructure, and obtain great success. So at the end of 19^th century, marketization has become an important implement by that many countries promote the construction of infrastructure.Our country' marketization of infrastructure is carried out with the policy of the reform and opening and development of marketing economy. With the establishment and development of marketing economy, the reform in the area of railway, electric power, telecommunications, aviation has become the important job of our reform and receives big attentions. It can not only enhance the infrastructure' operating efficiency, lighten the pressure of finance, through the reform of marketization, but also promote the development of private economy, create good competing environments for state-owned economy. In short, the transformation that private capital participate in the construction of infrastructure is not only a great subject that our economic system reform must face to, but also is a "acceleration" that promote our economy.The marketization of infrastructure is not only a economic problem, but also a problem about law. This paper stands in the visual angle of law, according to the basic principle of economics and laws, and adopt the methods of theory combining practice, compare the origins, process, legislation of some other developed and developing countries in infrastructure'marketization, and discuss the reform of infrastructure' marketization in our country. This paper also analyses the explorations of law and practice in the process of infrastructure' marketization, then put forward the solutions to promoting infrastructure' marketization in our country.This paper has four parts. The fist part introduce the reality of urban infrastructure's marketization in our country , and summary the major problem in the process of marketization . The second part is the basic theory of legal problems of infrastructure's marketization, which introduce the economic and law foundation of infrastructure's marketization. The third part is the study about abroad in infrastructure's marketization of laws and regulations. The last part is the perfection of law system in China's urban infrastructure's marketization, including clearing the relation of property right with the law of property right, perfecting competitive order with economic law and constructing the system of supervising and managing with administrative law.