Study On Legal System Of The Assurance Of Effective Supply Of China's Rural Infrastructure

Rural infrastructure includes various material elements which adapt to the needs of rural development, promote rural economic, social and cultural development and provide public services for the life of peasants. Rural infrastructure development, considered as pre-capital and material preparation for rural economic and social development, is an important carrier for the construction of new countryside in China. It is of enormous importance in terms of the transformation of traditional agriculture, completion of agricultural industry upgrading, introduction of modern civilization, improvement of farmers living condition and promotion of urbanization.By examining the current situation of China's rural infrastructure, we can found that through great efforts to construction since New China, environment in rural areas has made a big step forward. However, it is still lagging behind with plenty of serious problems. For example, rural infrastructure project is structurally irrational; it has uneven regional distribution; the type of investors is single and lack variety; supply and demand are dislocated; quality and maintenance can not be guaranteed and so on. The reason is that over the years, China's rural infrastructure development majorly depends on the call of policy and agitation, without its incorporation into the orbit of the rule of law so as to normalize the construction and development. To this end, this article seeks to build up a set of legal system that suits for the supply of our rural infrastructure, and further embody the idea, "rule of law", in the supply of rural infrastructure.In the process of use of legal means to protect the supply of rural infrastructure, we should first nail down the basic idea of rule of law and the concepts and principles of law, which we will implement and follow all through. This article summarizes as follows the basic idea of rule of law which guarantees the supply of basic rural infrastructure: the idea of balancing urban and rural development, the idea of reform and equitable sharing of the fruits of development, the idea of people-oriented, and the idea of economic and social sustainable development. Meanwhile, the basic concepts and principles of law that protect the supply of rural infrastructure can be summarized as follows: the principle of legal intervention, the principle of proportionate intervention, and the principle of intervention in performance. In the specific legal system, this article mainly evolves from the supply subjects of rural infrastructure, the policy-making of supply, the planning and programming of supply, the protection of fund supply, and the construction and operation of rural infrastructure. On the legal system of supply subject, this article separately analyses the primary responsibility holder of supply, namely Government, and the expanded subject of the supply which are non-governmental organizations and individuals. The analysis of this part serves the purpose of clarifying scopes of responsibilities, the division of power and the supply methods. On the legal system of supply decision-making of rural infrastructure, this article discusses the establishment of systems on expression of supply and demand, the consultation of decision making, the procedure of making decisions, the responsibilities of making decisions. The restraints offered in these legal systems can assure the scientific rationality of the chain of making decisions on supply of rural infrastructure. On the design of the legal system of supply planning, this article combines《Urban and Rural Planning Act》and proposes to establish legal principles on systematic and democratic planning. On the legal system of protecting the fund supply, this article seeks to build a financing mechanism with wide range of financing sources, specifically provided in form of law, which consist of public finances from government, capital market financing, financial credit and foreign investment. These can provide adequate funds for infrastructure of construction. In particular, this session analyzes the principle and method of use of public governmental finances. On legal system of infrastructure construction and operation, the article designs legal systems of rural infrastructure related to property rights regulation, price regulation, quality regulation and performance assessment. This aims to assure the order and efficiency in the process of construction and operation of rural infrastructure.