Transition Period Of Economic Law And Administrative Law, The Relationship Between Positioning And Reconstruction

The relation between economic law and administrative law has been the basic theoretical question that the research field of law science can't be got around all the time. The correct relation question which realizes and holds the economic law and administrative law concerns the economic law and functional demand of the administrative law in the legal system directly, concern the economic law and value orientation of the administrative law under market economy terms, concern China's modern legal system and develop the tendency. For a long time, the economic law of our country and administrative law relation have been in the state of talking about the dispute publicly all the time, how about to orientate the economic law and relation question of the administrative law not to clarify completely all the time, such a great deal of questions not in conformity with market economy as incomplete, misplacing, conflict, etc. exist As setting-up of China's market economic system being and perfect gradually, economic law science theory and administrative law science theory all have tremendous development. Though the relation questions of economic law and administrative law tend to unify gradually, but how is it is it make the transition scientific reasonable economic law and administrative law relation mode of socio-economic development remain bottleneck problem, law circles of theoretical research to meet to structure. Especially now is in key period when the society is making the transition , economy goes through transition in China, add complicated factor for economic law and administrative law knot, relation of contradiction. Here, this text sets out in terms of the theory is probed into and historical development, through analysing, more domestic scholar's theory view, the theory of combining, drawing lessons from the foreign scholar judges, proceed with our country's present legal practice, the explaining is studied before going on with constructing again to the localization of the economic law of period of making the transition and administrative law relation. First part ,Stated and explains and compares, analyses about the domestic and international theory about the fact that two France relations study through the economic law and relation essence of the administrative law, offer the theoretical direction for the fact that the economic law ofperiod of making the transition and administrative law concern the mode to build and construct . Second part ,Through analyzing the evaluation and analysis of paradox and the localization to the economic law , economic administrative law that the economic law and administrative law relation divide of the present stage, offer the theory for the fact that economic law and administrative law relation are adjusted and construct to draw lessons from. The third part, Start with the legal principle foundation of defining the economic law and administrative law relation, think through the localization of the economic law and administrative law relation under the market economy condition, concern the building and constructing the countermeasure of offering of the mode for the economic law and administrative law. The fourth part, Structure the route where the economic law interacts with administrative law and links up the mechanism through proposing, make the transition for our country mode, economic law of period and relation of administrative law design scientifically.