The Economic Law Through The Economic Transformation

The paper aims to argue the special relationship between Economics and Law through the economic transformation. Firstly, the paper analyzes the model and character of the economic transformation and summarizes the self- adjustment of the Economic Law during the economic transformation. Secondly, in the guidance of Marx's theory of the retroact of superstructure on the economic foundation, the paper further goes to explain the P.R.C Economic Law has taken important role in the Ownership Structure, the Market System in the Chinese economic transformation, and the control to the revenue systems and governmental responsibility by the economic law. At last, the paper closed with a trend analysis of Chinese economic law when the economic transformation is succeeded. This part systematically analysis the new mission of the economic law in Chinese economic transformation.The paper is consisted with 4 chapters. Chapter I is a brief introduction of Chinese economic transformation and economic law. In this chapter, author defines the phases and characters of China Transformation and argues that the economic transformation after the Reform and Open is under the guide and safeguard of economic policies and economic rules. From nineteen nineties, the systems for economic transformation are emerging one by one, and a fine economic system becomes to be true. After 21st century, economic transformation goes on, the existing economic and law systems is abolished, amended or passed. Chinese economic transformation is great different with Russian, at transformation background, method, style and object, while China may be a representative of moderate economic transformation and Russian is urgent. In the following part, in order to expand research points, the author systematically compares the economic law between China and developed countries, and find out there are differences in background, developing phases, value views, legal character. According to these differences, the paper points out that Chinese specific transformation model makes great contribution. In the last part, the author concludes the relationship between economic transformation character and that of economic law.Chapter II gives a research of economic law in the economic transformation. In 40 years since P.R.C Foundation, economic law almost stayed in their place. The economic law became out of time because of the standstill and the basis theory for the economic law became less convincing. However the economic law has changed a lot during the economic transformation, such as, more autonomy legislation other than restricted legislation, mono-legislative bodies changed into diversity and standardization, legislative process changed from self-contained into civilized, the legislative right changed into clear other than obscure, and the legislative object changed form political into independent, which is obvious to everyone. These changes are one of our research points of economic laws under new situation. The paper also believes that, under the economic transformation, the economic laws'content has got a qualitative progress, including the adjustment of market parties'roles, the market rules direction changes, micro-controlling method changes, and the changes of the social insurance laws and so on. All the great changes prove that the economic law has absorbed new power in the economic transformation. According the economic law theories, the status of the economic law has changed from comprehensive economic law and full relationship adjustment law into economic-administrative law and comprehensive sector act, and further changed into country regulative law and necessity interference theories. The two changes show that the orientation of the economic law is rational. Then, the paper stated new phenomenon and problems from the judicial angle. The paper says that owing to the judicial difficulty and distinction and the real limitation of the Chinese judges and courts, Chinese economic law is still green in trial. The paper analyses these new situations and new problems in the economic law trial and tries to find out suitable solution.Chapter III argues the controlling of the economic law on Chinese economic transformation. In this part, the author perceives economic law great roles in the foundation, construction, regulation and management in the commodity market, capital market and labor market. Then, the paper describes generally the relationship between economic law and ownership structure reformation. In China, economic law has made prominent contribution to the emergence, out-system developing model and system environment safeguard of the non-public sectors of the economy. However, economic law has some evident difference to the market bench and financing environment of the non-public sectors of the economy. Economic law has also exerted much influence on the reform of the public sectors of the economy, especially national enterprises, including state-owned enterprises and state-controlled enterprises. The paper argues that economic law supplies system ensure and guidance to reform depth and breadth of the state-owned enterprises, to the substantive change from government accessory to independent market party, and to the management model, rights ownership and property regulation of the state-owned enterprises. The paper also argues the economic law influence in rural economy reform. The economic law supplies powerful systematically safeguard for the development of vary economic entities, such as the household responsibility system, town and township enterprises, and OECD (Organization for Economic Cooperation and Development) rural. The paper argues more detail about the real effect of all these systems in the variety economic entities function. The paper further argues that tax system, one f economic transformation important balance beam, is in the range of economic law. Tax system has joint into the economic law comprehensive reform, and the long-standing discrimination treatment is diminishing. Last, the paper argues the vacancy, dislocation and reach of the economic law in the government function reform. To more detail, the paper argues that in the early and medium term of the economic transformation, the vacancy and dislocation of the economic led a serious lag of the reform of social distribution and gave no definition and regulation of the government responsibilities on fair and impartial share of reform fruit. In the later stage of economic transformation, the economic law found its place, continuing complete speed up the government function transformation, and guards the economic really fair and social steady.Chapter IV argues the position of the economic law when the economic transformation finished. In this part, the author firstly gives a general introduction of the symbol of the economic transformation completion given by scholars all over the world, they points out the symbol of China economic transformation completion is the establishment of the socialist market economic system. The establishment of the socialist market economic system includes sound operation of market, government and social resource allocation, economic growth model changed from capital and labor promoted to production-driven, the termination of differential treatment between town and country, among districts, among Industries and among enterprises, and legal definition and regulation of government economic interference powers.At last, the author gives the necessary of national economic interference and location of the value thoughts and function of economic law from the thought from the international economic crisis in 2008. The author argues that when the economic transformation is succeed, economic law should be fit with the needs of law, should be public comment, and humanism and effectiveness should be more than enough. The function of economic law should be transferred from cultivating market, monitoring governmental power release and obeying economic reform into effectively maintaining economic orders, guard economic security, reasonably allocating economic resources, balancing economic development, sharing economic benefit fairly. Economic law has more powerful international competitive and efficient, and supply new legal guard and motivate for harmony, balanced, scientific and jointly development of China economy.