Roosevelt's "New Deal" From The View Of "State Regulation Theory"

Before Roosevelt's"New Deal", the system of American economic law lacked completeness, it only had antimonopoly law system composed by《Sherman Act》,《Clayton Act》and《Federal Trade Commission Law》.During the period of Roosevelt's"New Deal", a series of crisis countermeasure law made the system of American economic law had state investment management law and macroeconomic regulation and control law, consummated the system of American economic law. For example,《Urgent Relief Law》and《Tennessee River Basin Administrative Bureau Law》are state investment management law, Roosevelt government did many stipulations in bank(especially《In 1935 Banking Law》), currency, negotiable securities, tax revenue, industrial policy enriched American macroeconomic regulation and control law.The state regulation said of economical legal science considers that, the market regulation has three limitations: market barrier, only advantage, passivity and hysteretic quality, so the state needs to make the response promptly, regulates and interments from the three aspects. So investment management law, macroeconomic regulation and control law, market rules and regulations law appeared. From the view of state regulation said, during the period of Roosevelt's"New Deal", the acts of reorganization banking industry and financial industry, adjustment agricultural policy, revival industry, public works and social relief may belong to the three parts of economic law—investment management law, macroeconomic regulation and control law, market rules and regulations law. So, Roosevelt's"New Deal"and economic law had the conjunction nature, from the backgrounds to say, they were born when"open market"helpless, they were stable for society's comprehensive coordinated, took"the socialization"as the standard. Says from the essence, the essence of"New Deal"is ending the"laissez-faire"economic policy, opens the new pathway of getting rid of the crisis through the national direct intervention economy for the U·S—Country intervention economy in unusual period, it's consistent from the essence of economic law—Law of the state regulation social economy. Says from the value orientation, a series of crisis countermeasure law, regardless of its actual content direction economic life which aspect, the value orientation is consistent from economic law. Says from the function, the political aspect function of"New Deal"is stable function of economic law, the economical aspect function of"New Deal"is developed function of economic law, the social aspect function of"New Deal"is coordinated function of economic law, they can be found in economic law.Roosevelt's"New Deal"has the extremely good reference value for economical legal science research and economic development. Economical legal science research should base in our country realistic national condition need, instruct solution actual problem, can't pauses in the paper surface. Firstly, take the economic rules and regulations and other department's method cooperatively. Secondly, take solve the market economy development actual problem as the research objective. Thirdly, respect history, learns from history. In economic legislation aspect, the law made in the period of"new deal"can be beneficial models for our country's financial legislation, the agricultural policy legislation and the counter-monopoly legislation.