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Normative Research Of Our Country’s Local Government Financing Platform

Posted on:2016-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiFull Text:PDF
GTID:2309330482966643Subject:Law
Abstract/Summary:PDF Full Text Request
China’s local government financing platform is a product of the special market environment, the local government in\"can’t borrow directly, can’t issue bonds, can’t guarantee\"policy constraints, for the development of public infrastructure construction meet the financing needs, set up a state owned enterprise. With the rapid development of the financing platform number and size, has gradually become an important part of the investment and financing system construction in China. Local government financing platform, effectively alleviate the pressure of local government funds, for the local public infrastructure has made fruitful contribution. However, with the gradual expansion of local government financing platform, the governance structure is not reasonable, the government guarantee not compliance, and platform imperfect regulations and relevant legal risks are also growing. As a result, the healthy development of the local government financing platform and financing platform risk prevention and control become a hot topic of many scholars.On August 31,2014 new budget law and the state council on October 2, the opinions on strengthening local government debt management (hereinafter referred to as "opinions"), the limited land endowed with the power of the independent issue of local government debt, draw the government and the platform of their respective responsibilities. But local government financing platform as a part of the largest in the financing of local government, in the actual operation such as corporate governance in the process of incomplete, unclear property rights and related guarantees no legal basis existing risk, this does not solve. Against these risks, this paper put forward some Suggestions for normative, hope to be able to in the new policy and economic situation, perfect the financing platform internal governance mechanism, regulate the legal status of the financing platform and the supervision and management, to raise the platform enterprise really become independent market main body, promoting the healthy and continuous development of local government financing.This thesis mainly is divided into five parts, the first part is based on the official definition of local government financing platform and scholars point of view, to learn all kinds of definition of the core elements of the local government financing platform to make new overview, and discusses in detail the legal nature of China’s local government financing platform specific legal person. The second part from the rights, obligations and responsibilities of local government financing platform perspective, on the basis of the legal nature of local government financing platform, points out that the local government financing platform should enjoy rights and fulfill the obligations and responsibilities. The third part mainly analyzes the local government financing platform risk exist in the operation of law. The fourth part through the analysis of three countries the United States, France and Singapore government financing platform financing mode, it is concluded that how to regulate several enlightenment of our country’s local government financing platform.The fifth part, in the current new policy and economic situation, how to regulate and guide the local government financing platform, further improve the internal control mechanism, standardize the rights, obligations and responsibilities of local government investment and financing platform, to strengthen the supervision and management of financing platform, the platform enterprise really become independent market main body, promoting the healthy and continuous development of local government financing.
Keywords/Search Tags:local government financing platform, Rights and obligations, legal risks, legal norms
PDF Full Text Request
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