FDR's New Deal Under The View Of Economic Law

The emergency of economic law is the most significant change in modern social and legal transformation. Because of its'own complexity, quite a few fundamental questions haven't been answered very well. The existing findings usually consider economic law as a fairly closely static system and analyze it with deductive logic, which leads to both achievements and flaws. As an institutional outcome to social changes, economic law is suitable to be found its'generation clue and logic reasons through phenomenon analysis and historical research. U.S. Economic Law is the ideal study sample.The U.S. government's influence in the economic life experienced market-fostering, laissez-faire and regulation. The course is unanimous with the stage of economic development and every stage's principal contradictions. Early United States implements mercantilism and takes measures to foster national market. Since 1930s, U.S. economic policy has gradually changed to laissez-faire. After the civil war, a unified national market gradually formed. U.S. economy boomed with monopoly and the division of the rich and poor. Cope with the increasing intensification of conflicts, federal government began to regulate monopolies, railways, banks etc.. During the First World War, U.S. established economic-control system, but was quickly "Back to Normal" after the war, which resulted in resumption of the joint merger and sharp increase in the gap between rich and poor. All kinds of contradictions ultimately focused on the outbreak of the Great Depression. Hoover stick to the laissez-faire philosophy, leading to the deepening economic crisis and laissez-faire complete bankruptcy.In order to relief people, revive national economy and reform system, Roosevelt came to power in finance, agriculture, industry and commerce, relief,public works, as well as finance, taxation and all other areas to adjust and strengthen government control and intervention in national economy, so that the U.S. economic system took place the most profound changes by far. New Deal has played a significant role in reviving the economy, especially the reform of the existing distribution system to narrow the gap between rich and poor. The New Deal eased the economic crisis without touching the basic economic system of private ownership and democratic political system, which also had a profound effect on other capitalist countries.Through contrast with the past, analysis of effectiveness and observing the follow-up lasting effect, New Deal regulation had essential difference with pre-New Deal regulation. The former showed the inevitability and necessity, unprecedented breadth and depth, more active attitude and plural adjustment method. Meanwhile, New Deal acts were special in form, content and implementation mechanisms, contracting with traditional acts. Those suggest state regulation mechanisms, and a new scope of law had established completely during New Deal era. The feature of the emerging jurisdiction is in line with the concept of economic law in continental legal system. New Deal state regulation and economic law were supported by Supreme Court in a series of constitutional cases, and had a profound influence on U.S. constitutional system. Since then, U.S. state regulation in the economy and the legislation and implementation of the economic law develop broadly and regularly, and offers a more extensive space for the further development of productive forces and its social natureThrough phenomenological analysis and empirical sociological research methods, we can discover the essence of economic law:to ensure and constraint state regulation of the economy for specific purpose. Responsiveness is an important feature of economic law. Redistribution is the basic function of economic law. The socialization of production is the fundamental causes of economic law, and economic crisis is the generate power to economic law. As the mainstream theory of law, "State regulation theory" has given the nature of economic law definition intuitively, the path of scientific research, and the division of economic law system. Among them, the scientific path of state regulation theory has the most important theoretical value, but still being neglected till now. "State regulation theory" doesn't discuss the responsiveness of economic law in detail. It has not completely gotten rid of the shadow of "adjustment object theory". In addition, "State regulation theory" has space to further perfect.