【作者】 郭亮；

【导师】 彭贵才；

【作者基本信息】 吉林大学 ， 宪法学与行政法学， 2007， 硕士

【摘要】 水务产业作为城市公用事业的重要组成部分,既是城市经济和社会发展的载体,又直接关系到公共安全和公共利益;既关系到人民群众的正常生活,又关系到城市经济和社会的可持续发展。长期以来受计划经济思维的影响,我国城市供水企业一直充当政府部门的角色,延续着社会公益性、服务于社会的政府规制体制模式。但是随着社会主义市场经济的发展,传统的政府规制制度已无法适应水务产业市场化的要求,政府规制的法律规范模糊和缺失,政府规制机构混乱,政出多门,严重阻碍了政府规制职能的发挥,也影响了水务产业的健康发展。因此,推进水务产业市场化进程以及构建完善的政府规制制度和法律体系是实现水务产业良性运行,提高政府公共服务的水平的迫切要求。笔者通过对我国水务产业发展现状的考察和国内外水务产业政府规制制度的评析,借鉴了外国先进的政府规制制度和水务产业市场化模式,提出了构建我国水务产业的政府规制制度的建议和对策,对我国目前正在进行的水务产业改革和政府规制体系的建设工作有一定的借鉴作用。更多还原

【Abstract】 With the characteristics of commonweal, natural monopoly, public product accurate, water industry is to-be- marketing. It relates the national economy and the public security, therefore, the government has the administrative responsibility which the water industry implementation effective regulations. This article through our country water industry development situation and the domestic service industry government regulations system inspection and the evaluation, has profited from the overseas advanced regulations system and the water industry market pattern, proposed constructs our country water industry the government regulations system suggestion and the countermeasure.This article divides into five chapters:Chapter I briefed our country water industry situation. Before 1978, our country water industry under basic plans, after the reform and open policy, our country water industry rapidly steps to the market path, the state-owned water enterprise changes the system in abundance the water industry. Because the water industry is the public welfare, the nature monopoly, characteristic and public product accurate, the government has to adopt the effective administrative method to the regulations.Chapter II elaborated the government regulations general theory. The so-called government regulations is the administration law and regulations authorization, social justice just for the pursue economic efficiency and the social efficiency balance as well as maintenance, and its exterior the domain and some specific non- economical domains adopts administrative action the adjustment, supervising and managing intervention to the economy. The government regulations essence, make the market mechanism under the foundation current economic condition, the government in order to rectify and improves the market mechanism interior imperfect and limit to personal and the economic subject activity. The government regulations promote the modern administrative law to develop to the new direction, it broke through the traditional administrative law to administrative action judicature examination and procedural research, started unifies the procedural and the entity consideration, exploration politics and the policy forming process, the discovery policy dispute, the political influence, the decision community policy legal limit between the reciprocity.Chapter III inspected the water industry government regulations situation. First section introduced our country water industry on the government regulations situation, last century, the government monopolizes the entire water industry, water industry management is the traditional government and business highly gathers. After reform and open policy, our country water industry gradually starts to establish the modern enterprise system, established enterprise and water group, however, State-owned water industry regulations function to disperse in the different government apparatus, " The multi- dragons regulate waterways , the politics left the multi- gates" the function overlapping, the administrative responsibility was unclear. Second section is the brief introduction to the foreign water industry government regulations situation, US and the developed country water management system has been inconsistent, but their common ground of the water government regulations system is perfect, the water legal laws and regulations is perfect, all activity legally handled matters.Chapter IIII has the evaluation to our country water industry government regulations. First, the water industry government regulations organizations are chaotic. Our country water management system is very chaotic, the government regulations function by many government apparatus division, lacked the unification regulations organization. Second, the water industry government regulations legal standards are fuzzy. Has formulated the water profession special permission management rule besides few places, the overwhelming majority has not established the comprehensive legal foundation for the water industry, the system nationwide law urgently waits to appear. Third, the water industry government regulations organization is flaw. Because the legal system is imperfect, very difficultly carries on the judicial examination in the water industry market process to the government regulations organization administrative illegal activity. Fourth, the water industry special permission management system lacks the judicial relief mechanism. At present, our country does not have "Administrative Contract Law", so the service special permission management contract nature to be very difficult to limit, also each kind of question which in the contract appears unable to carry on the effective judicial relief. Fifth, the sailor formation lacks the government regulations. Although our country has practiced the sailor hearing system, but consumer’s opinion very uncomfortably arrives there opinion, causes the sailor hearing system to become a mere formality. Sixth, the state-owned water enterprise reform does not arrive. After the water industry market, a lot of water business carries change the system, because lacks the correlation experience, the water enterprise’s property right is very fuzzy.Chapter V elaborated our country water industry government regulations system constructing. First, the water service industry government regulations goal. The author believed that the water industry government regulations over all object mainly has two aspects: One, make the health development in governments launching industry effective regulations; Two, guarantees the water industry the public welfare, provides the qualified water with the lowest production cost to the people. Second, the water service industry government rules and regulations system’s request. A successful regulations system should be between the government and the regulations main body responsibility separation, the government regulations has the independence, the government regulations responsibility is clear, the government regulations behavior needs to receive the effective judicial examination. Third, water industry government regulations legal framework constructing .National People’s Congress has the necessity to appear the special city public utilities government regulations the legal laws and regulations. The author believed that, defer to the basin and the region water unification management request, carries on the reform to the original water management system, the original water conservation, the urban construction, the municipal administration, the environmental protection and fords department’s related function to strip, establishment unification water service management specialized agency. Fifth, scientific and reasonable sailor forms the mechanism constructing. The author thought should fairly defer, the fair principle, causes the sailor the formulation true establishment above the hearing foundation, prevented the hearing becomes formality, guaranteed the citizen participates in the price formulation the policy-making power. Sixth, the water industry public security. As for the government regulations organization, construct the water supply safety mechanism is necessary; make the overall plan, the formulation science effective water supply security accident urgent predetermined plan, and the realization government and enterprise’s safety responsibility. Seventh, the government regulation of franchise. The author thought in fulfills the dispute which in the special permission management contract produces, should defer to the administrative contract the nature solution dispute, our country should revise the administrative procedural law, brings the administrative contract the judicial examination the scope, like this in the effective addressing water service industry market process occur the multitudinous dispute, truly brings into the government regulation of franchise by law track.更多还原