新型工业化新型城镇化进程中地方政府面临的法律风险及对策

The Legal Risks and Countermeasures of Local Government in the Process of New Industrialization and New Urbanization

党的十八大报告指出了工业化、城镇化的新方向和新路径,"新两化"已成为下一个阶段我国经济发展的重要领域。但其进程却面临诸多风险,其中易被忽视却又是最重要的风险是政府法律风险。目前,地方政府主要面临规章和规范性文件制定不当的法律风险、重大决策中的法律风险、行政执法中的法律风险和招商引资等民商事行为不规范而导致的法律风险等。针对这些风险,应当采取培育政府及其工作人员法律风险意识、建立政府法律风险评估体系、加强政府法律风险防范管理体制和机制建设等措施,以保障和促进我国"新两化"的平稳、可持续发展。

A new direction and a new path of ＂Industrialization and Urbanization＂ are referred in the Report of the 18th National Congress of the Communist Party of China. And ＂The new Industrialization and the new Urbanization＂ （abbreviated to ＂ New-two＂ ） will become an important field in the next stage of Chinese economic development, but there are many risks in the development, among which the legal risk of government is a big one which is neglected easily. So far, a local government found itself in a tight corner over its rule-making, policy-making, law-making and even law-enforcement, investment promotion, etc. Therefore, in order to deal with these risks, some risk countermeasures are recommended as the following： to enhancement law of a local government and its staff members, to establish its legal risk assessment system, to strengthen its legal risk management system. And the purpose is to protect and promote the development of ＂New-two＂ in a steady and sustainable way.