| Nowadays, the imbalance between the development of urban and rural, agriculture and industry, and even different villages have a great development gap in China, especially when it comes to the quality and quantity in supply of rural public goods. The phenomena that the rural public goods, which should be provided by government or by both the government and the peasants become the burden for peasants only is abnormal. The problems in rural public goods supply institution are getting worse and worse. Besides the above, some of the related laws have defects, hard to implement and even still missing in some areas.First of all, this dissertation goes through three topics, the decision system, the financing system and the management system, and then the analysis of the current situation of the rural public products supply system is provided. Besides that, by learning the useful experience of other nations, a mixed law system including special legitimization institutions and related departments, which aims to guarantee the pervasion and integration of laws dealing with the rural public goods, is suggested. Secondly, based on the setup of the legal security mechanism and the analysis of development background of Chinese villages, three kinds of imbalance are proposed. And the three concepts that should be followed are also proposed, which are listed as follow, the concept of mixed distribution method, the concept of sustainable development and the concept of stabilization of society. Thirdly, with consideration of the current status of the laws for rural public goods and direction of spirit of the Constitution, Rural Public Good Laws is proposed, which includes implementation details and a system combined current departments together. At last, the legal security mechanism is discussed.The comprehensive research methods are adopted to develop this paper. Firstly, the emerging, development and theoretical basis of rural public goods and the supply institution are introduced. Secondly, the current rural public goods supply situation is pointed out by introducing the making mechanism of supply, financing and management and supervision and management system. Thirdly, the framework of establishing the nationwide rural public goods and the supply institution is put forward based on the research of the international rural public goods and our national conditions.Besides foreword and concluding remarks, this article includes three parts.PartⅠ, The general theories of the public goods, rural public goods and supply institution of rural public goods were introduced, followed by them, our present situation of the supply institution of rural public goods is described, introducing the connotation of public goods, which includes Chinese and Western scholars on the development of the concept of public goods, the characteristics of it, and the concept and category of rural public goods. In this section, author pointed out this paper mainly on the classification of pure public goods in rural areas of public and quasi-rural products. Then, paper briefs several major rural public goods. Next, this article stated the rural public goods supply institution and our present situation through introducing the making mechanism of supply, financing and management and supervision and management institution.PartⅡ, the foreign rural public goods supply institution and the enlightenment to our country. The foreign rural public goods supply institution had a long period development, especially the well balance development of developed countries. Their experience is worth us to study and use up. This text selects the representative of the flourishing nations, the United States and Japan, and India, as the same as China which is one of four greatest civilizations and makes introduction respectively: the United States which the law and policy guarantee the supply institution of rural public goods together, Japan which has the rural public service organization system that is taken by dominated central government, participated and implemented by the agriculture cooperation organization and India, which values the government position in rural pubic goods supply. From this we can draw a inspiration that discriminatory policy on the supply of funds led to the lack of cover and the corresponding countermeasures is to improve the financial transfer payment system; extend scope of main body of rural public goods supply and exert the government's Guiding function and predominant position; Attach importance to the role of legislation which can't be divorced from reality, and we must formulate a practical legal.PartⅢ, the construction of rural public goods supply institution in our country. At first, explore the conception of legal protection of rural public goods supply institution. With large amounts of data, resulting in the supply institution of rural public goods was included, which is the basic situation in China's rural areas, imbalance between the development of urban and rural, different villages and agriculture and industry. On this basis, the idea of the construction of rural public goods supply institution in our country, including fair sharing, sustainable development, social stability, has been put forward. After that, it goes to construct the relevant legal system. Above all, paper analyzes our present situation of the rural public goods supply, which is lack of comprehensive and systematic regulations, some legislative having a lower level or unsuitable with the socialist market economy system, even some areas still remain uncovered and the legal status of rural public goods not clear. Then, improve the supply institution of rural public goods were put forward legislative proposals. It thinks that the status of rural public goods should be established under the framework of the Constitution, and in accordance with the guiding spirit of the Constitution, formulating a unified Rural Public Goods Supply Law. At the same time, the matching of corresponding legal system of rural public goods should be timely formulated and optimized and a City Rural reunification of the rural supply of public goods legal system should be gradually establish. In the rural public goods supply legislative system, the proposition that the special legislation should be taken with the relevant departments of combining style legislation to ensure that rural public goods of the universal law of the different areas and the professionalism of the combination is raised to ensure the combine between the common adaptability of law and the profession of different realms in the supply of rural public goods. With enacting substantive law, the rural public goods litigation mode must be established. With the existing Agricultural Law as the basis, based on the procedure of the Code of Civil Procedure and the Administrative Procedure Law, Code of Criminal Procedure and Private International Law start legal proceeding. In the end of this paper, from the three sub-system of the rural public goods supply institution, which are decision-making, financing and supervision and management, interviews the related legal system of protection. It is proposed that a complete demand expression institution should be established by reform the legal system of township-level people's congress elections, the sources and use funds of rural public goods should make clear and protect implementation of the financial transfer payment system by legal mean and specialized agencies which include different interests of various social strata main from different hierarchical levels be set up to supervise and manage the supply of rural public goods. In the end of this paper, from the three sub-system of the rural public goods supply institution, which are decision-making, financing and supervision and management, interviews the related legal system of protection. It is proposed that a complete demand expression institution should be established by reform the legal system of township-level people's congress elections, the sources and use funds of rural public goods should make clear and protect implementation of the financial transfer payment system by legal mean and specialized agencies which include different interests of various social strata main from different hierarchical levels be set up to supervise and manage the supply of rural public goods. |
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