The Reflection And Perfection On Economic Law Theory

The development of China's socialist market economy has produced economic law practice. In such a situation, Even the most conservative civil law scholars don't deny the existence of economic law. However, currently the theoretical construction of economic law can't verify the existence of economic law effectively from the law logic. The dissertation focuses on the law arguments on economic law existing, probing into the existence of economic law rooting in market economy ontology. Full text launches eight theoretical categories which are concerns of jurisprudential circle and are closely related with the existence of economic law, including:the conception of economic law, the basic principles of economic law, the independence of economic law, the system of economic law, the enforcement of economic law, legal liabilities for economic law and legal procedures for economic law.Different from the consensus of the main stream which regards the relation from the country adjusting economy as the regulating object of economic law, this dissertation demonstrates that the need for legal adjustment which drew from the contradiction movement between social needs and social meet in contemporary social economic activities gave birth to economic law. The dialectic negation between social needs and social meet has also established the potential value goal for economic law adjustment, what the economic law defending is the unity economy benefit which being the market economic activities as the process of negation of negations itself. As for the economic law adjustment in safeguarding the unity economy benefit, the breakthrough point is to supervise capitalist concentration timely and effectively. Because in accordance with the need way to economy activities for legal adjustment fitting the main social contradictions in the unity economy, so the economic law independent existence is fundamental and important. Being capable of adjusting the way of capital concentration effectively decides the existence of the system of economic law. So industry law, monetary law, fiscal law and market law become the four elements of the system of economic law, which have been tested by the history and have the smooth adjusting channels. The enforcement of economic law is just the process of the economic law adjustment taking effect.During the process of economic law chaining the unity economic society, law subject, law relation, law organization and law order are internal-consistent. The key connection between these conceptions is the four kinds of economy legal behavior. The economic supervision authorities perform the specific legal behaviors acting on the monetary and fiscal properties so as to orbit individual economic interest into the unity economy benefit and to organize the operation of the economy effectively, realizing the institutionalization of the economic law adjustment and eventually constructing the regulation order which the economic have been pursuing. In the process of orbiting individual interest and organizing the operation of the economy, legal liabilities for economy are requisite means. The application of punitive damages of continental law system serves to realizing of the adjusting goal of the economic law. It is the legal adjustment of economic law that making individual economic interests role is subject to the unity economy benefit, which is the necessary economy organizing means in accordance with the need of economy activities ontology. During role process on individual economic interests, specific economic legal procedure must be mating. In programming, principle is to characterize individual economic interests to make it in line with the unity economy benefit. so on the one hand, setting working routine of economic supervision authorities, whose aim is to position the individual economic interests into the unity economy benefit, is critically introduced the guidance of the influences of parties to the procedure basing on the analysis of legal practice. On the other hand, setting litigation concerning about individual subject forced by the economic supervision authorities, is aim to taking fundamentally judicial proceedings so as to provide individual interests with perfect constitutional protection.Through the enforcement of economic law, the construction of economic legal relation depends on the behavior of individual economic interests' subjects. The ground of economic legal liabilities is to position individual interests into the unity benefit. And the designation of economic legal procedure depends so far as to protect of parties of individual interests. All of these have demonstrated that the existence of the unity economy benefit and that of individuals are a dialectical unity. The adjusting of economic law is in line with market economy, and the unity economy benefit and individual economic interests are inseparably interconnected and are united in the market economic ontology. All in all, this dissertation is concentrated on the path to ontology in the theoretical research of economic law, probing into the adjustment of economic law conforming to the law of market economy by exploring the market economic ontology so as to promote rational development of the discipline.