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Chinese Regional Coordinated Development Of The Legal System

Posted on:2008-06-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:W HuangFull Text:PDF
GTID:1116360212485776Subject:Chinese Minority economy
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The imbalances of regional economy development is very popular in the world, also it is the important object for the each government to regulate. China has its vast territory, and is called as "one country, four worlds" by the scholars because of imbalances of regional economy development. Coordinated regional development is main task of building up the Scientific Development Theory and carrying it out, and the content of constructing the socialist harmonious society. In this article, the author analyzes the expressing situation and root of the imbalances of regional economy development by using the way of historical materialism Methodology and dialectical materialism Methodology according to the fact of imbalances of regional economy development in China. The author use the successful experience of foreign countries which have regulated and controlled the regional imbalance economic development by law for reference through the comparative analytical way, historical way, institutional analyses way and policy analysis way. Depending on the previous study, the author illustrates the basic theory of legal systems about coordinated regional development, and advances to construct the legal systems of coordinated regional development.Since the birth of the PRC, the CCP and the government have pitched in regulating the regional development. The gap of regionaldevelopment in China had lessened, but it meets the new challenge which is becoming worse. Except regional gap, the imbalance of regional development are representing as regional conflicts and regional questions. The imbalance of regional development becomes the block of economic development and modernized strategic object. According to the situation of governmental regulation on regional development which is guided and constituted the developing systems by law, regional gap shows typical character of institution, and it shows the importance to innovate the institution on lessening the regional gap. Coordinated development of the regions must be guaranteed by legal system referring to the international and national situation.The legal systems on regional coordinated development are the important constituents of macroeconomic regulation of Economic Law, and it plays the important role. The regulative target, regulative principle, controlled method and its function decided the position of the legal systems on regional coordinated development. The theoretical base of its legal systems is the economics, laws, philosophy, methodology and policy. It controls the corresponding legal relationship which is the result of controlling national region coordinated development. Taking the regulative function as the dividing standard, the regional coordinated legal systems consists of lengthways coordinated legal systems, transverse cooperated legal systems, and promoting legal systems tospecial regions.Market regulation mechanism controls the regional economic development for the first time, and the market potencies worse the regional gap, but lessen it. For overcoming the weak points of market, the nation needs to regulate the regional development for the second time by using the different economic principles. Lengthways coordinated legal systems are to make the regulating policy as law, and it comprises planning legal systems, fiscal and tax legal systems, financial legal systems, legal systems of industrial policy and the legal systems of investment policy, and so on.Regional coordinated development needs not only the nation regulates the regional developing through lengthways, but also the nation should promote the cooperation among different regions. Transverse cooperated legal systems are originated from the counterpart assistance and economic technology supporting which was initiated in the foundation of the PRC. During the founding and development, it is going to break through the old mode. The constitution of regional cooperated legal systems must be made through the guidance of market mechanism and governmental controlling, and through the constituting the regional cooperation legal systems and market developing legal systems. Transverse cooperated legal systems consist governmental cooperating legal systems, legislative cooperation, judicial coordinating legal systems,the legal systems on the cooperation and participating of market Medias. Transverse cooperating legal systems of market developing is mainly including the market developing legal systems of united capital markets among the regions, the united labor markets and united technique markets.The nation needs to constitute several special legal systems to promote the development of special regions except instituting the lengthways coordinated legal systems and transverse coordinated legal systems and it carried on successfully in the other countries, such as United States and Japan. These special legal systems mainly includes the promoting legal systems of Western Development, the legal systems of North-eastern and other old industrial bases and the legal systems of prosperity of the Central China.Innovation is the soul of a nation. In this article, the author tries to advance his own ideas according to the previous corresponding research. Firstly, the author illustrates the theoretical basic of regional coordinated developing legal systems. The author thinks that the legal systems are important part macroeconomic regulation depending on the regulative target, regulative principle, controlled method and its function. Then the author constitutes the theoretical basic regional coordinated legal systems in the view of economics, laws, philosophy, methodology and policy. At the same time, the author analyses the legal relationship which the lawregulates by taking apart of subject, object and its content, also analyzes the legal systems from the content and representation. Secondly, the author tries to set up the legal systems of regional coordinated law which is compose by lengthways coordinated legal systems, transverse cooperating legal systems and the legal systems of cooperation among special regions. These three parts also is made by its own systems and it forms a complete legal systems. Thirdly, the author advances the operable legislative suggestion. Considering the basic rule and its structure, the author believes the legislation of regional coordinated law should be guided by a series of legislation under the basic law. The legislation of promoting law in special region must consider the important problems which the region meets, and it must give prominence to its pertinence.
Keywords/Search Tags:regional coordinated development, macroeconomic controlling, legal regulation, legal systems
PDF Full Text Request
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