The Boundary Between The Government And Market Behavior's Legal Structure In The Course Of Post-disaster Reconstruction

Unexpected natural disasters like "Sword of Damocles". They threaten people's life and property in disaster areas at any time. Now the technology can not work out the complete and accurate prevention and control for such disasters. So post-disaster reconstruction work becomes extremely important.5.12 Wenchuan earthquake disaster have caused a huge loss of life and property. To confront the enormous disaster, the state started up national contingency plans. Actively involved in earthquake relief, it has achieved periodic victory. After a period of disaster relief work, the disaster area has entered into a comprehensive reconstruction phase. Reconstruction by law is today's world post-disaster reconstruction unanimous selection.Thus in China also proposed the slogan. To this end, the State Council promulgated the administrative rules in the form of "Post-Wenchuan Earthquake Restoration and Reconstruction Ordinance". The Ordinance, as the post-disaster reconstruction programmatic standards in China, has becoming an important legal symbol of post-disaster reconstruction. This was the first issued ordinance to a natural disaster and reconstruction, and it got highly appraisal in use, but limited to its targeted, such a law can not be used directly in other sudden natural disasters and the reconstruction. So it is extremely necessary to improve our existing emergency legal system, for the system exists in the normal social and legal norms; it should be a part of normal legal system.In the long history of the development of the economy, government regulation and market regulation keep the waxing and waning relation. But they never completely separated. After a long period of exploration, the development of the modern significance of the market plays the basic role in allocating resources and the government implements appropriate intervention, economic jurist try to find the boundary between the Government and market behavior according to the action between the market behavior and the government's role. Meanwhile, they try to make legal confirmation. However, because of the cross relation, the exploration is still difficult to complete; finally they make the conclusion that in the public area using government regulation, private area using market regulation. But in real life, private rights and public rights is not entirely clear to the division. On the basis of these analyses, this paper presents, in the economic law set a principle to define the roles of boundary between the two, under the legal perspective they reconstruct "moderate" boundary.Government regulation and market regulation are the two most important in the allocation of resources nowadays, therefore, in the post-disaster reconstruction must exert their effects fully. However, even in normal social behavior is also difficult to establish clear borders between the government actions and market behavior, in such a special environment post-disaster reconstruction, to some extent, it is more difficult to designate. Under the permitted emergency standard, the government in regulating departments has affected the post-disaster reconstruction of each field, including private right field. With the post-disaster reconstruction process, the market got improved gradually; the government exposed its weak points gradually in the private right field, proprietary fields returned to the market becoming a kind of need adjustment, which requires the government behavior of the exit. In order to make the realization of this purpose, it is necessary to reconstruct the government and market behavior in the legal reconstruction of the border. This paper argues that the post-disaster reconstruction laws of the government and the market behavior border is necessary. In order to prove the market function on post-quake reconstruction and the shortcomings completely by the government behavior, the author have used summer activities to make an investigation on house rebuilding of financing behavior in the worst-hit earthquake area Cifeng town in Pengzhou city and make an analysis of the relevant empirical survey data in legal perspective. Through the analysis of the financing behavior of building, to a great extent, I think victims rely on government, and the government also in many fields becomes the main part in the reconstruction instead of the victims, which obviously violates the fact that the victims are the main point. Meanwhile, the existence of this phenomenon is not suitable for many post-disaster reconstructions. Through the analysis of the empirical study and theoretical knowledge of the foregoing, this paper believes that the market function has become a necessity. The post-disaster reconstruction is a step forward, in the process how to structure the government and the market behavior boundary. We should consider from the actual conditions, from the long-term goal of reconstruction. Thus, I put forward the method—compared with the cost and the efficiency value.Finally, based on theoretical analysis and empirical combination, the author thinks that the post-disaster reconstruction law should make sure the function of government, and at the same time the law should protect the market mechanism to play a role.Take the government instructs through market operation to complete the post-disaster reconstruction. In this paper I use the law and economics of interdisciplinary research method. First I make a study summary about the relationship between the government and the market, and then make a legal structure. Through the empirical investigation on the earthquake disaster areas of the financing behavior of housing reconstruction.1 make analysis on post-quake reconstruction and the actual effect between the government and the market in the legal perspective.At last, the paper finally established the government and market behavior boundary in the process of post-disaster reconstruction. All the analyses above are to provide data support for legal structure.The paper is divided into seven sections:First, the introduction, this paper introduces the significance of writing, the current study situation at home and abroad, the paper writing method and the innovation and deficiencies.Second, in the normal laws perspective I make legal structure about the government and market behavior boundary, from the relationship between government and market in the normal society. I make an instruction to the government behavior and market behavior from the perspective of normal economic laws, therefore, on the basis of the analysis to make legal structure about the government and the market behavior boundary. I set limitations on the appropriate intervention.Third, in the un-normal laws perspective I make legal structure about the government and market behavior boundary.Fourth, I make empirical analysis of the financing behavior of houses in the post-disaster reconstruction. To expect finding the boundary of the government and the market behavior in the post-disaster reconstruction of housing financing behaviorFifth, in the post-disaster reconstruction process, we can absorb international experience on the government and the market's behavior boundary.Sixth, in the post-disaster reconstruction process, housing financing behavior is to realize the legalization and institutionalized design. This section is to make an analysis of the government comprehensive function and the lack of market function. So I make the legalization and institutionalized design.Finally, the paper concludes that the post-disaster reconstruction should adhere to the market operation under the guidance of the government. We insist on government leading role to make sure exert the market mechanism fully, together for post-disaster reconstruction work, we believe that we can achieve the post-disaster reconstruction work with efficiency and the highest cost savings.