Road And Model Of Chinese Economic Law: Economic Law Of Transitional Country

Chinese economic law and the science of economic law have been being constantly changeable from 1980s when they appeared. In the early stage, the road and model of Chinese economic law were mainly affected by Soviet. Chinese economic law turned to seek assistance of experience and knowledge from the west. Based on the uncontrolled market, many doctrines all argued that Chinese economic law is also a law depended on "a visible hand" of the government to remedy the shortages of market which is same as the economic law of the west and which is dominated by western paradigm. Actually, the true problems are that market failed develop well but not market uncontrolled, government interferences with market much but not without authority to do it, and competitive capacity of market subjects is not enough universally but not they can abuse their monopoly-status. Chinese economic law is not like the west economic law that as a new settlement mechanism of law it did not appear until the appearance of social problems that cannot be solved by its highly developed civil and commercial law, but as a phenomenon of law it appeared under the condition of less-developed civil and commercial law. Western paradigm offered a general rule which cannot be directly applied into the social realities of China. That problems faced by Chinese economic law mainly appeared in the transitional process from planned and power economy to market and rule-of-law economy, but not exist in the developed market economy. Professor Qi Duojun pointed out, Chinese economic law chooses an opposite road from the west and it is different from western paradigm. Based on above idea, the road and model of Chinese economic law during the transitional age was defined as "economic law of transitional nation" in this article.The topic of "economic law of transitional nation" did not aim to make a comprehensively comparative analysis on all transitional counties in the world, but to stable the road and model of Chinese economic law on it, and to make the study on the science of Chinese economic law turn back to the social reality in a transitional country and to concentrate on reasonable study-objects, to solve those issues existed in the reality of reformation, to relieve the serious crisis of justice on the science of Chinese economic law, and to realize localization for the science of Chinese economic law.Chinese economic law fixed on "economic law of transitional nation" fundamentally aim to promote power economy to rule-of-law economy. Its present historic task is to cultivate market but not just to remedy the shortages of market. Its fundamental function is to control the power but not to grant the power. Its nuclear mission is against administrative control but not against monopoly. Economic law during transitional age should reflect the inherent spirits of market and rule-of-law. Freedom, justice, efficiency, and security should be its basic values. Literally, it is same as the western paradigm of economic law. In fact, they have different meanings on their values and pursue different level. Actually, the transitional reform is kind of reassignment of power and property rights and a kind of "family division", which should focus on injustice, and efficiency but justice becomes the outmost value.To realize transition from power economy to rule-of-law economy, control of the power, especial the national regulatory power becomes a key and. a core. On one side, basic economic law were made to define national regulatory power and to completely deal with the crisis of legality of national regulatory power. It limits national regulatory power into a certain scope to solve the problems in which governments of all level interference with market as their will during the transitional time. On the other side, we need see through national regulatory power as a particular form of power——the 4th power. After distinguished from national ownership, the regulatory power of a nation would be still divided from national administrative power.Formulation of a basic economic law can also eliminate the thirsty of government interference with legislation and the motivations of blindness' legislation caused by the thought of legislation. To ensure a smooth and quick transition to rule-of-law economy, this law should adhere to following norms to regulate national regulatory power: auxiliary, mutual benefit, indirectiveness, economical, legality. The enforcement of economic law should try its best to overcome the slickness of enforcement succeed from the time of power economy.The road of Chinese economic law is completely opposite from economic law of the west. It is a kind of particular model of "economic law of transitional nation" and it is very different from the west. Now that it juxtaposes with the western paradigm become the two economic law paradigms in human society. After the completion of Chinese transition and its comprehensive entrance into market economy society, the two models will be unit together and keep the same nature.