Judgment Analysis Of Local Government Debt In Judicial Practice

Although in our country, the laws and statutes clearly prohibit local governmentto get into debt and strictly limited government to offer for security. But in the processof developing local economy and constructing public utilities, it is popular for localgovernments and their functional departments to get into debt with limited financeand various motivations. It has emerged a considerable local government debtcurrently, causing concerns from all walks of life. The forms of debt are varied. Somelocal governments as one of the parties involved in the contract the civil legalrelationship caused debt because of breach directly to civil subject position; others arecaused in investment promotion, infrastructure construction field.The localgovernments illegal or in disguised form for related enterprise to provide security,because the debtor appear debt service difficulty, the local government should bearjoint responsibility. According to this situation, central and local government alsoissued some files to control the size of the local government in order to reduce the riskof local government debt. Although there has been some research about the risk oflocal government debt by many domestic and foreign scholars economically, there hasbeen little research about the risk of local government debt legally. In fact, localgovernment is a special civil subject. If there is no special regulation on the paymentand execution of local government debt, it is difficult to realize the balance betweenpublic interests represented by government and private interests represented by legalcreditors. Based on the above reasons, the author chose" judgment analysis of localgovernment debt in judicial practice" as the research topic, which is based on judicialpractice analyzing related judicial decisions, and analyzed the distinctiveness andessence, the payment and execution of local government debt mainly from the aspectof civil law, so as to realize the balance between public interests represented bygovernment and private interests represented by legal creditor.This paper, apart from the introduction and conclusion, can be divided into fourparts:The first part: The current situation of the local government debt will beintroduced and the concept of local government debt will be defined. At present, inthe process of developing local economy and constructing public utilities, it is popularfor local governments and their functional departments to get into debt with limited finance. It has emerged a considerable local government debt currently, the forms ofwhich are varied.It is considered that the local government debt mainly refers to thedebt that is finally paid back by local government and related departments in order tocarry out their function, in the form of borrowing directly, offering for security,counter guarantee and debt.The second part: Judicial decisions of the local government debt will be analyzed.Through the analysis of the debt, I concluded that the debt is dealt with as ordinarydebt in the judicial practice in China, which brought two big legal problems to thelocal government, one is that the property of the local government would be executedwithout distinction in order to achieve the legitimate claims of creditors, which wouldimpinge on the public interest; the other is that the majority of local governments donot have adequate property for payment or execution, so it is difficult to realize thelegal interest of creditors.The third part: The particularity of local government debt will be analyzed. Thereare four main characteristics of local government debt. First of all, the localgovernment debt is the result of the need in economic and social development at theprimary stage of socialism; Secondly, local government debt is of some publicness.Thirdly, the local government debt is supervised by government. Finally, the paymentmechanism of local government debt is unique.The forth part: The payment standard and execution of the local government debtin the judicial practice. will be discussed. Based on the special civil subject of localgovernment, the payment of the debt should reflect the value orientation and paymentstandard of protecting public interest. At the same time, the property of localgovernment should be executed distinctively, in terms of execution objects andprocedures. If it involves public interests, it cannot be enforced to executive, so as torealize the balance between public interests represented by government and privateinterests represented by legal creditors.