On The Legal Liability Of Macroeconomic Regulation

Macroeconomic regulation is a dynamic process, and it includesmacroeconomic regulation decision-making and execution. The lawsregulating macroeconomic regulation relation is macroeconomicregulation laws, which includes plan law, economic policy law and thelaws related with material economic regulation means.The legal relation bodies of macroeconomic regulation basicallyincludes the macroeconomic regulation body (namely decision-makingbody and execution body) and the passive-macroeconomic regulationbody. But from the content view of macroeconomic regulation legalrelation, the passive-macroeconomic regulation body have not legalcompulsory obligation. Legal liability is the cost that legal relation bodyshould pay when they disobey the legal obligation, therefore, the legalliability body commonly includes macroeconomic regulationdecision-making body and execution body, and the passive-macroeconomic regulation body need not commit legal liability.Compared with other legal liability(such as administrative legalliability), the legal liability of macroeconomic regulation haveindependence. Firstly, Going with the evolution of state function, statebegins to regulate social economic. The evolution of state function meansto the independence of state economic regulation function, it also meansto the independence of macroeconomic regulation function andmacroeconomic regulation power relative to administration function andadministration power. Second, the basic principle of MacroeconomicInterests and Economic Constitutionality also show that legal liability ofmacroeconomic regulation has its own procreant independence. On thehand, the basic principle of macroeconomic regulation is to maintainmacroeconomic interests, and related bodies should commit correspondliability when they breach such basic principle. On the other hand, thepower of macroeconomic regulation is one kind of state power and thekey of constitutionality is to control power, so constitutionality economicis the jurisprudence base of macroeconomic regulation legal liability. Thelast, on the base of acceptability of independent state economic regulation function(including macroeconomic regulation function), and using thetheory of macroeconomic regulation legal liability concurrence, we candistinguish the legal liability of macroeconomic regulation from otherlegal liability. The macroeconomic regulation legal liability concurrenceis such system when one single conduct which breach macroeconomicregulation laws not only accord with the constitutive requirements ofmacroeconomic regulation legal liability, but also accord with theconstitutive requirements of other legal liability, the conduct will result indifferent kinds of legal liabilities, and if such different kinds of legalliabilities conflict with each other, we can choose only one of them.Macroeconomic regulation decision-making body commitmacroeconomic regulation legal liability mainly resulting from theybreaching the legal decision-making procedures. Macroeconomicregulation decision-making legal liability requires that liability body musthave subjective fault, including deliberate intent and delinquency. But donot require that damage results occur. Macroeconomic regulationdecision-making legal liability is economic managing, and it includerestricting and depriving economic managing competence(such asdemotion and dismission), rectifying and adjusting economic managingconduct(such as to change, to withdraw, or to make newlydecision-making or normative document, ect. )To macroeconomic regulation execution legal liability results,execution bodies' illegality includes the direct and indirect one. Inaddition, execution legal liability is not corresponding to themacroeconomic regulation decision-making, which means that executionof macroeconomic regulation decision-making must not belong tomacroeconomic regulation and result in macroeconomic regulationexecution legal liability. Macroeconomic regulation execution legalliability do not require that liability body must have subjective fault, anddo not require that damage results occur also. The forms ofMacroeconomic regulation execution legal liability have many kinds.To the realization systems of macroeconomic regulationdecision-making legal liability, economic law litigation system can not beapplied although it has very important signification. In addition, litigation system is not the only road to realize legal liability. The macroeconomicregulation decision-making reconsideration can become the realizationsystem of macroeconomic regulation decision-making legal liability,including the primary and second reconsideration system. To therealization systems of macroeconomic regulation execution legal liability,if the legal liability body is administration and social mesosphere body,we can use actual administrative action procedure or establish neweconomic legal litigation procedure, and if the legal liability body is locallegislation body, we can use actual relative laws and systems to realize.The legislation key of macroeconomic regulation legal liability systems isto frame and perfect macroeconomic regulation decision-making andexecution procedure, and the form of legislation include instituting theMacroeconomic Regulation Law, instituting and perfecting relative laws.