Study On Governmental Investment Law

In recent years, after the outbreak of financial crisis, the amount of money invested by government has increased in a large scale, which raised governmental investment boom.However, this trend causes much problems. For example, lack of effective constraint to governmental investment act because of defective legal system of government investment. As a result, governmental investment would not achieve the expected goals. So it’s necessary to emphasize the importance of allocating resources in a reasonable way in order to avoid the indiscriminate overlapping investment. The social resources provided by the government is limited duo to the fact that the investment resources are not inexhaustible, so how to lead the governmental investment to promote the economic development becomes the central problem of state macro-control all over the world. State macro-control could allocate resources to these fields that market regulation would lose its control, and this is also important in the sensitive allocation of social resources in our country. As an important part of market economy investment, governmental investment has attracted public attention because it is linked to authority. With the fast development of social economy and the increase of economic problems, the investment climate of government changed gradually. At the same time, the increasing coverage of drawbacks in governmental investment reflects the unscientific methods and low profits in it.This article in-depth analysis of government investment in the status of legislation, while learning and learn from the advanced experience of foreign countries, an important theoretical basis of the specific outline of the Government Investment Act, to make some recommendations to improve the government’s investment legislation. In addition to the introduction and conclusion, the body consists of four main parts.Part Ⅰ:the main content of the basic theory of the definition of government investment, the concept and role of government investment law. The first introduces the basic concepts of government investment, which leads to government investment also explained the role of government investment, the basic characteristics of the current government investment law. The number of regulations by government investment and the scale of government investment chart to show the relationship between the two, highlighting the need for government investment legislation.Part II:the visits of foreign government investment law. Mainly related to the legislative situation of the United States, Japan and some other countries, In developed countries, the law has stringent requirements on government investment activity behavior through the establishment of a sound and comprehensive legal system, so that the government’s investment projects more reasonable and scientific, clear down the use of legal form of the government’s responsibility, obligations, powers, as much as possible is unclear responsibilities of the state improved, as opposed to the legislative level and related legislation theoretical research is perfect.Part III:analysis and elaboration of the problems in our government investment legislation. Relative to the real needs, government investment in the process of building the legal system is still lagging behind, so will inevitably result in a lower cost of illegal, the area of government investment often frequently, the existing status and the distance away from the government to establish an effective investment management system is still relatively far away. Did not form a government investment legal system, the lack of effective planning, budget management system, there are some problems in government investment project management, supervision, liability system.Part FV:make some suggestions for perfecting the government investment law. On the basis of the analysis in the the preceding theory bedding and specific problems.,this thesis aims to make suggestions on invest subject, scale,capital source, project budget management, decision-making management and legal liability of Chinese governmental investment. Absorbing government regulation into legal system of government investment is beneficial to the development of governmental investment law system, to the scientific act of government investment and to promote the sustainable development in economy.