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On The Value Of Economic Law

Posted on:2008-06-28Degree:DoctorType:Dissertation
Country:ChinaCandidate:H MuFull Text:PDF
GTID:1116360212994417Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The research on the value of economic law is an important but difficult part of the research on the fundamental theory of economic law. The research on the existing system shows the reality, when the fundamental theories focuses on what, why and how, namely the concept, value and function. It is impossible to apply the economic law well without the accurate understanding of its basic concept, value and the function. Among the concept, value and the function, the value is the core problem. In the current theoretical research of law, the discussion about the value of economic law only could be found in some chapters of books or short articles, and no intensive and specialized discussion has been made. However, the quick development of market economy put forward an urgent request to the value of economic law research. This is exactly why I choose On the Value of Economic Law as the topic of this dissertation.Establishment and fulfillment of the value of economic law is advantageous to clear the independent position of economic law in the law system, to provide principles and aim for the lawmaking and judicial practice, to improve and develop the theories of the economic law. This dissertation, by the method of positivism, logic analysis, comparison, and historical analysis, using the fruit of the research of the basic theories of law and of economics, analyzes the contents of the value of economic law and the problem in the fulfillment. This dissertation comprises 5 chapters, from the different aspects, discussing the concept, structure, contents and the problem of fulfillment of the economic law's value. Chapter 1 of this dissertation discusses the general problems related to value of economic law, including the concept of value, the elements of value, the supply of value, etc. Then this dissertation points out the factors which should be considered in the research of the value of economic law, and sums up the characteristic of the value of economic law according to these factors and the essence of economic law. The analysis and the research are carried on from inside and outside separately.Chapter 2 explores theoretical basis of the value of economic law. The existence of value of economic law has its reason in the theory and practice. In the practice, the development of market economy and governmental interference into economy is the factor of the value of economic law, and the theoretical foundation is provided by the principles of economics and of law. Economic law and economics is closely connected. Liberalism economics, Keynesianism and the Neo-liberalism economics give theoretical support to the value of economic law by respectively provide the theory of market rules, governmental interferes and the control to government. The basic theories from law mainly concentrate on the thought of social contract, social justice, the interest conflict and the balance.In Chapter 3, the extrinsic value of economic law is discussed. The contents of the extrinsic value of economic law should be in accordance to the request of social standard of the economic law. In evaluation, the factors of extrinsic value including three arrangement: justice, efficiency and fairness. Justice is ultimate values. Here efficiency is social efficiency, focusing on the social reality. Fairness focuses on the result or substantive fairness, and also fairness between generations and continual economic and social development. In the market economy, the relation between efficiency and fairness should be properly handled, realizing the principle of efficiency first, fairness considered.The intrinsic value of economic law is discussed in the Chapter 4. The intrinsic value pays attention to the objective effect of economic law, and is the economic law's characteristics that can satisfy subject's need. In the market economy, some particular social relations are adjusted by the economic law and then become the relations of the economic law, and the characteristics of the relation of economic law influence the formation and the realization of the intrinsic value of the economic law. According to the analyses of reason and development of the economic law, its intrinsic value includes the interference to the economy and control to this interference, separately to correct the deviation of the market and of the government. These two parts is also connected, and the connection could be shown as the entrance of the governmental power into the market and the right in market economy against the power. By authorization and restricting the power, the intrinsic value of the economic law regulates the power to guarantee the economic freedom and social justice, in the function in the market.Chapter 5 of this dissertation focuses on the realization of the value of economic law. This chapter investigates the domestic and international factor influenced the realization of the value of economic law and tries to understand the economic law in the prospective of history and world. The realization of value of economic law should accord to the stage of the nation's social and economic development. The economic law promotes economic progress and social development, and is also under the influence of realistic factor. According to the actual circumstance of the market economy in China, this dissertation put forward the ways providing the guarantee to the realization of the value of economic law, including the system, subject, technique and mechanism of rectification. First, realization of the value of economic law needs a sound economic law system. Second, ethics, idea and the behavior should be reconstructed and the exercise of national economic power and right should abide by law and carry out social efficiency and equity. In the technique level, taking the protection of consumer on internet as an example, this dissertation introduces the technique protecting the trade through internet, and put forward suggestion to lawmaking. Finally, this dissertation discusses the mechanism to rectify deviation, including the feedback mechanism, the reward mechanism, the responsibility mechanism, the supervision mechanism and the remedy mechanism.
Keywords/Search Tags:value of law, social efficiency, intervene economy, regulate the government power, Responsive law, mechanism of rectification
PDF Full Text Request
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