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Research On Definition Of Economic Law

Posted on:2003-04-18Degree:DoctorType:Dissertation
Country:ChinaCandidate:K P XueFull Text:PDF
GTID:1116360065456956Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Concept or definition means the generalization of object's inherent nature made by people .It is the medium for thinking communication and dialogue conducted by people .Every discipline is based on concept or category .As the rules governing people's behavior .laws necessarily composed of precise conception or definitions . Accordingly , science of law , also known for its preciseness and tightness , is the legal system that can explicitly direct people's behavior.The concept of economic law , date back to the 18th century . It was originated from the beginning of the 20th century when as a result of political, economic and legal growth . Economic law started to develop from visionary system to the concrete law and discipline . Therefore , after the growth of ten decades , economic law today has become a real concept instead of empty or false one . In addition ,the concept has been widely accepted and used by both scholars and judges and lawyers .So definitions of economic law are undoubtedly extreme significance for observing economic and legal phenomenon .conducting exchanges between legal disciplines and engaging in law education ;for legislating ,enforcing and administering law ,for enterprises to judge their own behavior.However there exists a few controversies in definitions of economic law .For example , some refuse to regard economic law as a branch of law ,or considering it as administrative law .Even there are more controversies within the discipline .The confusion in definitions about economic law not only leads to conflicts among various disciplines ,but the construction of legal system .Particularly ,it can ,to some degree ,influence the formation of economic order in market-orienting society and the upholding of public interests .So it is necessary to define the concept of economic law with the present rules and regulations as its object while proceeding from the needs of theory and practice .Only by doing this , can people be able to form correct opinion about economic law.In my review ,economic law has its broad and narrow meaning .In terms of its broad meaning ,economic law is remarkably significant in law-making Jaw administration and law education ,while in terms of its narrow meaning ,economic law is necessary both in theory and practice .Therefore , the contents of my paper mainly discuss how to define economic law from the point of view of its narrow meaning.Part 1Compared with other division of law , economic law has its features: such as cause of formation ,values adjustment principles adjustment objects .adjustment methods ,way of administration ,traits and qualities .function ,etc.. All these features reflect special qualities of economic law from certain aspects. It is necessary to made an abstract of inherent nature of economic law before defining its connotation .Therefore ,it is a must to respect existing legal division principles and defining methods of other branches of law .By doing this ,it is possible to make an abstract of intrinsic nature of economic law and allow the concept to serve as le medium for exchanges between disciplines .Through the observation of the general definition as well as methods adopted by constitution ,administratjve law ,civil law and commercial law .criminal lawand other law divisions ,it can be found that adjustment objects reflect inherent nature of law divisions and also main methods adopted by definition of law divisions .Therefore ,economic law ,as a new division in legal system ,should be defined through adjustment objects .Thus through the observation of social relationship ,direct causes of formation of economic law and expansion of legal system can be found .Direct causes of formation of economic law are birth of new economic relations in society The economic relations constitute the primary contradiction in social economic life while the contradictions can not be balanced or adjusted by traditional legal adjustment methods .Some scholars attribute formation of economic law to the result of "wartime needs" or "policies to eas...
Keywords/Search Tags:Definition
PDF Full Text Request
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