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Marketized Governmental Economic Behavior And Its Legal Regulation

Posted on:2008-11-28Degree:DoctorType:Dissertation
Country:ChinaCandidate:B GuanFull Text:PDF
GTID:1116360215479775Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Marketized governmental economic behavior is the outcome of government's economic regulation, which aims at and centers around fulfilling the economic and social functions in the form of market activities. In practices home and abroad, marketized governmental economic behavior has took on lots of forms, mainly reserve sales, governmental investment, resource rights trade between governments, government purchasing, chartered operation, open market operations, lottery issuing, government bond issuing, government-fee collecting, educational vouchers issuing, land reserve, government fund, prize-offered invoice, debt equity swap and government guarantee. Varied marketized governmental economic behaviors above can be classified according to different criteria. Taken floating direction of fiscal capital as a criterion, they can be divided into revenue type and expenditure type. Taken objective form as a criterion, they can be divided into value type and non-value type. Taken sub-branch of economic law as a criterion, they can be divided into market discipline type, macro regulation type, social security type and etc. Taken main body hiberarchy as a criterion, they can be divided into central government type and local government type. Taken behavior implementary mechanism as a criterion, they can be divided into competition type and cooperation type. Of course, the classifications above are relative, with chiasm and illegibility. For example, government purchasing can fall into not only market discipline type , but also macro regulation type . Government fund can belong to both central government type and local government type . Meanwhile, Government bond behavior can fall into revenue type and expenditure type as well.Marketized governmental economic behavior is the main form of remedying government failures in the modern market economy system. It's the typical symbiotic form of market and government, the important manifestation of economic democracy and likewise the concrete practice of governmental capability construction. In other words, marketized governmental economic behavior pays attention to introducing market mechanism, such as permission system, or more marketized regulatory means, by maintaining or imitating, intending to optimize resource allocation, thus counteracting negative influences brought out by incomplete competition, disequilibrium market, market absence and unexpected aftermath, so as to weaken the compulsory, unilateral, violent and peremptory features of traditional governmental behavior, urge market entity or administrative opposite party to take part in governmental behavior, enhance governmental capability, and improve provision efficiency of public goods.As public law behavior that including lots of private law elements, marketized governmental economic behavior applies to more and more area, that's, each of the main scope of national economy, as governmental regulatory behavior has been changed worldwide. It thus deals with many law branches such as the constitutional law, civil and commercial law, administrative law, economic law, environmental law, labour law, social security law, education law and procedure law. China's marketized governmental economic behavior shows the vision that developing countries try to combine development and maintaining power monopoly at the first stage of national independence and democratic construction. To promote national economic development and social progress based on limiting citizen rights and expanding government's power, it's the outstanding token of China as one of the authoritarian countries. The conflicts between the practice and institutional guarantee of marketized governmental economic behavior, and the possible economic, political and social crises arising from authoritarian countries, can only be solved by the systemic transformation from authoritarian countries to constitutional democratic countries. Today's China is confronting not the challenge of economic growth speed, but institutional supply of economic constitution system. We should hold'Constitutional Patriotism'(Juergen Habermas),not'Economic Patriotism'. China's constitutional reform targets leading China to limited government, service government ,responsible government ,government by law and bright government. China's institutional evolvement of market economy system is led by the government. But the local government, transforming from the instrument of controlling society, to boosting economic and social development, to realizing effective connection of government and society, has gradually impeded provision of public goods. We must pay attention to polycentric governance of local government's marketized economic behavior, and attach importance to local government's institutional supply and theory research, so as to not only ensure the practice of the scientific development conception, but also deepen the research of the subject theory of economic law. To bring forward marketized governmental economic behavior as a basic category of economic law, it not only enhances the responsive and ambiguous features of economic law, but also emphasizes the need of comprehensive legal regulation in the background of complicated and dynamic economic relationships. In order to assort with a good many conflicts such as of market and government behaviors, government's publicity and self-benefit, we should work out legislative design using institutional elements such as scope of application, entity, examination, contract, standard, price, competition, legal liability and dispute settlement, focusing on economic law.The theory construction and explanatory means aren't disembodied or discontextualized. When researching marketized governmental economic behavior, we must review and summarize these relationships by the numbers, that's, the relationship of market and government, right and power, traditional and modern. According to this , when researching marketized governmental economic behavior, we must review and summarize these relationships by the numbers, that's, the relationship of market and government, private law and public law, traditional and modern.The economic law should be treated as a subject, not only a law branch, and it's inevitable that the theory transform from"Small economic law"to"Large economic law".
Keywords/Search Tags:Marketized Governmental Economic Behavior, Government failures, Comprehensive Legal Regulation, Institutional Elements
PDF Full Text Request
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