Private Investment In Municipal Infrastructure And Its Legal Protection And Promotion Mechanisms Study

The life force of Economic Law is that it combines with realistic economy. As the administrative intervene, the economic law reflects more Distinctively focus of economic in stages, the economic in policy and situation lf interference.In the period of globe economy and integrated economy speeding up the urban basic infrastructure is good to develop the competent of urban, pushing forward urbanization and solve the economic in duality and establishing the new urban management in modern city. From "countryside surrounds the city " to "town spur on the countryside", China is in front of the new problem and new subject to research and discuss. The urban basic infrastructure can't develop well without folk investment .So how to realize the Function and position of the folk investment and open the area for investing and protect the folk capitalism also is a key point in this time. Research in this theory combining the principle of economy with practice together in proper time or ahead of time not only makes the country interference meet the need of organization, but also is suitable for the economic reality lf country, and eliminates the defect during carrying out the economical policy.At present the research in academic circles for the folk investment for urban basic infrastructure is not enough. It's mainly about the economic respect, and a little in the respect of organization, especially the method lf managing the urban basic infrastructure. Folk investment is discussed as a solution lf source of fund for instruction, not entirely, especially vacant in law. It is seen that the policy of encouragement of folk investment for urban basic infrastructure is practiced well. But the law regulations in detail and mechanisms are still out of date. The policy is less stable, standard and compulsory than the law or rigorously enforces rules and regulation in formulating.In this article the author combines the two hot points organically and breads up the one -sidedness of the fund in urban basic infrastructure. It is proved in the respect of economic law that the reality and necessity of the folkinvestment for urban basic inirastructure and the necessity of the folk investment, which declined to combine ihe two sides together organically by law. At the mean time, it's suggested that the market play the functions of the country, which is, using the experience and lesson about urban basic infrastructure of other developed countries to regulate, guide, plan, coordinate and encourage in economic law. That's the role which the government has to play .The article then puts forward the law measures which have to be taken in detailed .The urban basic infrastructure is characteristic of public interest, but the folk investment is characteristic of private interest. All in all, it's the proper point for economic law to involve in. The full test consists of five parts:Part One: The author elaborates the basic analysis of urban basic inirastructure and its investment for instruction .The article begins with the definition and evolutionary of basic infrastructure and urban basic infrastructure. Then the article analyzes the effect for the economy from urban basic infrastructure. In the last this part the article puts forward the point of view that the distribution of urban resources by market and management of the urban by legal system.Part Two: The article inquires into the issue that the investment from folk gets into the realm of urban basic infrastructure. The author analyzes for the folk investment's position, effect and development and so on firstly and then gets the conclusion that folk capitalism investing the urban basic infrastructure is real and necessary. Also the author analyzes some system obstacles of the folk capitalism investment and its development.Part Three: The author inquires into the thought for economic law theory of folk investment in urban basic infrastructure. Firstly the author expounds the development and situation about the folk investment from the 16th conference of CPC. Then the author gives the understanding for the theory about the market permit of folk investment from the perspective of economic law. The author gives the view that we shall break the old pattern of the plan economic of urban basic infrastructure and breakup of monopolization of government in urban basic infrastructure by the economic law.Part Four: The author imroduces and analyses the practice of the developed countries in construction of urban basic infrastructure. Firstly the author introduces and analyses the urban basic infrastructure finance and the French urban basic infrastructure investment management. Then the author induces and analyses the experience about modernized urban basic infrastructure of other countries for reference.Part Five: The author puts forward some measures about the law problem for folk investment in municipal basic infrastructure. At first discuss the issue of breaking up the limitation in thoughts and renew ideas. Then the author elaborates the measures as to combine macro-control and macro-regulation, to reinforce the item management, to improve the investment profits and clean up the administrative intervene and set up the plural main-body of investment quickly and the attached measures as well.