Research On Legal Response To Crisis Caused By Investment Invitation

With the further process of reform and openning up today,the local government,which takes attracting investment as the development strategy,has achieved remarkable results,at the same time,it has also produced a lot of “unfinished and deserted” projects because of the dislocation of responsibilities and the lack of supervision and control measures,which have led to the emergence of public crisis events one after another.The “attracting investment” projects left behind by the five-star underpass project investors in the western Y city not only led to a serious hidden danger crisis in physical properties,but also caused a serious social stability crisis because of the inability to fulfill the contracts with many shop buyers.From the legislative level of our country,laws and regulations such as Emergency Response Law and Regulations on Dealing with Public Health Emergencies have made general provisions on the response mechanism of emergencies.Provinces,autonomous regions and municipalities have also established early warning mechanisms and coping mechanisms for emergencies.However,there are differences in connotation and extension between emergencies and public crisis events,which results in legal blanks or imperfections in the handling of public crisis events.From the point of view of the current emergency legal system,the legal system for dealing with public crisis events is only scattered in the rules and regulations of local governments,but there are often many problems,such as cross-function of functional departments,unclear powers and the slow disclosure of information.The five-star underpass project in western Y city is constructed by attracting investment,and the public crisis event caused by the “unfinished and deserted” project left behind is not a case from all over the country.Compared with natural disasters,accident disasters,public health events and social security events in the traditional sense,this kind of public crisis events have their own unique characteristics.In the event of such public crisis,the government is faced with the complicated factors such as the interweaving of legal relations and the difficulty of defining the legal responsibility,and it is confused to copy the original mechanism established under various hypothetical conditions.Taking the case of public crisis of the five-star underpass project in western Y city as an example,the author studies the coping mechanism of such crisis events,and aims at clarifying the legal responsibilities and establishing a relatively complete response mechanism to realize the return of the government function.And it also can be used as reference for the occurrence of similar events throughout the country.The article is divided into four parts.The first part: introduction.Based on the special policy background of attracting investment and the characteristics of the public crisis caused by the unfinished and deserted projects left behind by the five-star underpass project investors in the western Y city,the author points out that there are unsuitable properties of the emergency response mechanism established by current government and relevant functional departments in accordance with the Emergency Response Law and Regulations on Dealing with Public Health Emergencies.Meanwhile,in this part,the author briefly introduces the research purpose and significance,the research method and the innovation and the deficiency.The second part: many problems that the western Y city underpass project crisis event faces.In this part,through the analysis of the unique problems of the crisis event of the five-star underwpass project in the western Y city,the author holds that there are many problems,such as the contradiction between the role of the government in attracting investment and the contract law in the traditional sense,the debate on the legal responsibility and basic elements of the forced intervention of the government,and the contradiction between the control of legal risk and the definition of legal liability,and so on.At the same time,the government is faced with the pressure of tide of public opinion and endless letters and visits,and the impact of intensive visits on social stability.This is also the biggest difference from the management of traditional public crisis such as natural disasters,accident disasters,public health events and social security event.The third part: the reflection on the existing problems of the current emergency legal mechanism.In this part,the author analyzes the existing emergency legal mechanism,and thinks that there are many problems,such as unclear definition of legal concept,narrow scope of application,imperfect emergency legal system,unwarranted expansion or even abuse of administrative power,misalignment of emergency duty and mission,lag of public opinion disposal legislation,imperfect path of private right relief,etc.The aim is to lay the way for the present case to find the theoretical base point of the legal response mechanism of the public crisis event.The fourth part: the exploration to improve the legal response mechanism for public crisis event.Taking the crisis event of underpass project in western Y city as an example,and through the comprehensive analysis of the above problems,the author believes that the concept and scope of public crisis event should be clarified,the standard system of emergency management should be perfected,the legal response measures under the principle of proportion should be established,and the path of private right relief should be expanded.In this part,the author focuses on the theory of proportion principle,aiming at constructing a set of legal response mechanism similar to that of public crisis events from the aspects of the implementation of omni-directional measures to deal with danger,the establishment of public opinion control and dredging mechanism,the establishment of letter visit maintenance mechanism,and the maintenance path of the legitimate interests of the government.At the same time,in this case,the author believes that the problem of public opinion and letters visits is related to social stability,we should fundamentally solve this problem,starting from the trust interests protection principle.The author boldly imagines that the scope of accepting cases in administrative litigation should be expanded so that the relief of peoples rights is not limited to civil litigation and the contradiction can be solved more effectively.