摘要
社会转型期的中国,民生问题日渐突出,原因之一在于公共产品保障制度的缺位。违背公共产品价值追求的公共劣品层出不穷,危害深远不容小视,究竟该由谁负责。政府是公共产品供给的首要责任人,必须对产品的性能做出合理保障,依法承担公共劣品损害之责任。公共劣品已成为国际热点问题,部分国家已开始卓有成效地尝试,努力治理该问题,如建立集体申诉制度、违宪审查制度、公益诉讼制度。中国可以参考有关实践经验,结合本国国情,制定保障公共产品有效供给的法律,明确公共劣品法律责任的归责要件和救济机制。
Nowadays, the issue of people＇s livelihood has become more important than ever during the social transformation in China. One of the reasons it the responsibility vacancy of public goods guarantee system. Public adulteration ,which goes against the value pursuit of public goods, emerges endlessly and has caused great hazards to the society. Who should be responsible for this situation？ As the main responsible party in the supply of public goods, the government should guarantee the function of the products properly and undertake the responsibility of the damage caused by public adulteration according to law. Public adulteration turns out to be a global hot issue. Many countries are making every effort to solve the problem and have achieved fruitful research results in different ways, such as system constructions in group grievances,constitutional review and public interest litigation, which provides a reference for China. With these practical experiences ,China can enact laws to guarantee the efficient supply of public goods in order to make clear the legal re- sponsibility of public adulteration as well as the relief mechanism.
出处
《湖南公安高等专科学校学报》
2008年第5期87-95,共9页
Journal of Huan Public Security College
关键词
公共劣品
公共产品
政府
法律责任
救济机制
public adulteration
public goods
government
legal liability
relief mechanism
