Font Size: a A A

The Outline Of Regional Economic Law

Posted on:2009-10-29Degree:DoctorType:Dissertation
Country:ChinaCandidate:J YinFull Text:PDF
GTID:1116360242987870Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The development of economy has demonstrated apparent regiona l trait in modernor ancient times, in China or elsewhere, which is determined by the inherent law ofeconomic development. From the historica l source of economic development of theworld aspect, the regiona l trait ma nifests a lot in different countries and periods,especia lly in China. After the founding of New China, it adopted bala nceddevelopment strategy and unbala nced development strategy, which help the nationa leconomy recover and grow rapid ly. However, we hadn't found a solution to settle theunbala nced development of different regions and caused some new regiona l economicproblems such as serious regiona l segmentation and environmental deterioration. Andthe lack of correspond ing regiona l economic laws is another factor which createsabove problems. In China there is no available authoritative regiona l divisionframework to use, no specia l functiona l department to arrange comprehensively theformulation and implementation of regiona l economic program and policy, noinstrument and supervision system to carry out and evaluate the regiona l economicprogram and policy, no effective mecha nism to promote the regiona l economiccooperation and break regiona l blockades, no index and safeguard measures toevaluate the susta inable development, and no unified regulations of different economicdevelopment area neither. In new historica l era, the Party Central Committee and theState Council put forward some strategies to encourage regiona l bala nced development, which mea ns a significa nt change in regiona l economic policy.Therefore, in current time, studying the basic theory of Regiona l Economic Law,constructing more integral lega l systems and provid ing system guara ntee to realizeregiona l economic bala nced development are urgent tasks in lega l system construction.Chapter 1"Academic analysis on generation of Regiona l Economic Law."Inthe economic liberal's view, the regiona l economic problem can be settled throughmarket mecha nism. However, in current time, backward and poverty areas exist innearly all the states, which face serious unemployment, economic depression,environmental deterioration and urban ma ligna nt expansion problems. The occurrenceand increasingly serious state of regiona l problems results from ma ny reasons, but thekey cause is the market failure. The market failure ma nifested in ma ny aspects, such asimperfect competition of regiona l economy, incomplete regiona l economicinformation, externality of regiona l economic activities, shortage of regiona l publicproducts, unbala nced development in regiona l economy and unfair distribution and soon. The experience and practice of developed countries show that sole marketmecha nism cannot achieve bala nced regiona l economic development. Variouscountries unexceptiona lly adopt governmental regiona l policy to encourage thedevelopment of undeveloped area or take other measures to minimize the gap ofdifferent regions. However, in the process of governmenta l intervention, the regiona leconomy shows other problems such as incomplete regiona l economic information,bounded rationa lity of loca l government, rent-seeking behavior of loca l department ofeconomic ma nagement and so on. The creation and value of Regiona l Economic Laware to overcome the regiona l market failure and government failure, and to provid elega l systems for regiona l economic bala nced and susta inable development.Chapter 2"The status and constitution system of Regiona l Economic Law."Regiona l Economic Law is one of the branch laws of economic law. On the one hand,different from other branch economic law, Regiona l Economic Law has its ownadjusted object and the adjusted economic relation shows regiona l traits; on the otherhand, Regiona l Economic Law promotes regiona l economic bala nced development, and minimizes regiona l gap and realizes regiona l economic susta inable development.The foundation of division of regiona l economic constitution system is the regiona leconomic trait existing in socia l economic relation as the adjusted object of regiona leconomic law. Regiona l Economic Law is an organic connection system which isconstituted by regiona l economic basic law, regiona l economic ma nagementorganization law, economic zone division law, regiona l economic pla nning law,regiona l economic coordinating law, regiona l economic cooperation law, regiona leconomic anti-monopoly law, regiona l anti-unfair competition law, regiona l economicsusta inable development law, specia l economic zone law and so on.Chapter 3"Legisla tive purpose and fundamenta l principle of Regiona lEconomic Law."There are ma ny different legislative purposes, because the hugedifferent aims of regiona l economic policy due to the various regiona l problemsexisting in different countries, areas and periods. Our country's legislative purpose andchief aim should be"promoting regiona l economic bala nced development, minimizingregiona l economic gap, realizing regiona l economic susta inable development".Regiona l Economic Law of China shall comply with the following fundamenta lprinciples, as the combining market-oriented with adequate governmenta l intervention,reasonably divid ing the power of central authority and loca l government, payingattention to equity and efficiency of regiona l economy, and promote regiona l economicsusta inable development.Chapter 4"Regiona l economic ma nagement organization law."There are ma nytypes of regiona l economic ma nagement organization, including specia l coordinatingbody subject to central authority as Hokkaido Regiona l Exploitation Bureau in Japan,Department of Regiona l Planning, Build ing and City Development in Germa ny; andcombining regiona l coordinating associa tion consisting of representatives from centralauthority and loca l government, as Appalachia n Regiona l Development Committee inUSA; as well as regional enterprise ma nagement associa tion as TVA in USA. Anyway,there shall be some specia l body or associa tion to be responsible for regiona l pla nningand policy, not regarding how to set up such body and associa tion, and there shall be legislation specifying the constitution, status, rights and obligations and so on. The setup of regiona l ma nagement body in China, always adopts separate functiona ldepartment pattern. Until now, Nationa l Development and Reform Commission of thePeople's Republic of China, Western Development Office, North East Office, Ministryof Land and Resources, Ministry of Construction, Poverty Alleviation Office andMinistry of Civil Affairs have caused multi-cha nnel ma nagement, hard coordination,and waste of administrative resources. It is suggested to integrate administrative bodyand resources, set up a central governmenta l body to ma nage the whole regiona l issuesand set up combining regiona l coordinating associa tion consisting of representativesfrom central authority and loca l government.Chapter 5"The lega l system of economic regiona liza tion and regiona lpla nning."The conformation and development of economic zone has it owndisciplines. Reasonable economic zone is the premise and foundation of effectivema nagement and bala nced development of regiona l economy. Regiona l pla nning is anovera ll arrangement of regiona l economic and socia l development based on reasonabledivision of regiona l economic zone, with characteristics of regiona lism, strategy andprospect. Regiona l pla nning is also the foundation to draw med ium-and-long-term cityand department program, as well as the important part of nationa l economy and socia ldevelopment program with characteristics of synthesis, overa ll interest andinstructiveness affecting profoundly the national economy and socia l development.From the western countries'experiences, without legislative construction and support,bala nced regiona l pla nning and development cannot be realized. Since theestablishment of New China, it has been through ma ny different stages of economicand regiona l pla nning, but some problems come up as its compilation by multidepartmentand coordination failure due to the lack of lega l basis, reasonableframework and working at random. Sort ma nagement of regiona l policy is stipulatedin the outline of eleven-five pla nning, putting forward nationa l ma in body function ofregiona l pla nning that indica ted China economic and regiona l pla nning had enteredinto a new period when emphasizing the guide with scientific outlook on development and the aim to bala nce regiona l economic development. At the present, we shallurgently establish and perfect the laws and regulations on economic pla nning andregiona l pla nning to guara ntee making the economic and regiona l pla nning morereasonable and scientific in order to promote the establishment of ma in body functionzone and susta inable development.Chapter 6"The lega l system of coordinated development of regiona l economy."The unbala nced development in different regions is a common problem in the world.The regiona l gap cannot be minimized only by market mecha nism itself, but also bythe governmental effective intervention to bala nce the regiona l development. From theregiona l situations in USA, England, Germa ny, Japan and so on, minimizing theregiona l gaps needed a long term. To ensure the role of government pla ying indevelopment and coordination of regiona l economy, we shall establish and perfectcorrespond ing lega l systems. Since the establishment of New China, our regiona leconomic strategy has been through three stages: the stage of bala nced developmentbetween coastal and inla nd area before implementation of Reform and Opening-upPolicy, the stage of unbala nced development with coastal area priority afterimplementation of Reform and Opening-up Policy, and the stage of regiona l bala nceddevelopment after 1990s. The overa ll aim to establish regiona l economic bala nceddevelopment law shall prevent equalitaria nism and huge regiona l gap. Therefore, weshould perfect our budget and transfer payment laws and carry out public fina nce torealize regiona l public service equaliza tion; perfect tax regulation to adjust the regiona leconomic gap; perfect government purchase system to support undeveloped andminority area; standardize government investment to optimize industria l structure andbackward area's infrastructure; reform price ma nagement syste m and pricingmecha nism to minimize loss of interests in mid-western area due to price distortion.Chapter 7"The lega l system of regiona l economic cooperation."Regiona leconomic cooperation is the requirement of regiona l economic division and of regiona lcommon interests. After the implementation of Reform and Opening-up Policy, allregions of China develop regiona l economic cooperation rich in content, form and subject. However, there are still some problems as unsound regiona l cooperationmecha nism, nomina l cooperation among governments, serious industria l structureassimila tion, absence of cooperation motivation, unbala nced market developmentamong regions, insufficiency of regiona l cooperation and so on. The experience ofinternationa l economic cooperation as EU, APEC, NAFTA, provide lots of beneficia lrevela tions to set up regiona l economic cooperation law. The principle of willingness,equality, mutual bene fit, good faith, market-oriented and adapting to regiona l pla nningshall be complied in regiona l economic cooperation. Beside that, we should set up andperfect regiona l economic cooperation and dispute settlement mecha nism.Chapter 8"The lega l system of susta inable development of regiona l economy."Regiona l economic susta inable development is the premise of the nationa l susta inabledevelopment. Regiona l economic development indica tes that base on existing naturalresources (including environmental) constraints, give full play to the regiona ladvantages and achieve the susta inability of regiona l economic growth. In order tocomprehensively promote the socia l, economic and ecological susta inabledevelopment of the environment, the government formulated China early 21st centuryPlatform for Action for the Susta inable Development which indica tes that Clearlybeginning of the 21st century China implements the strategy of susta inabledevelopment objectives, basic principles, priority areas and safeguard measures, andthe early 21st century in the implementation of the susta inable development strategydocument. And it is build ing regiona l economic susta inable development of China'slega l system an important guide. China should improve and implement regiona lenvironmental pla nning system; establish a regiona l susta inable developmentevaluation and monitoring system; improve the taxation system of environmentalresources and establish a regiona l ecological interest's compensation mechanism.Chapter 9"The lega l system of anti-regiona l economic monopoly and unfaircompetition."Establishment of a unified nationa l market system is an important wayto improve the socia list market economic system. Nationa l market unity depends onthe regiona l market. However, due to geographical location, administrative boundaries and a variety of other reasons, regiona l economic division in China is obvious. Atpresent, regiona l economic monopoly and unfair regiona l competition in China havelots of forms, as trade barriers, impeding the free movement of factors, fighting forpolicy resources, engaging in vicious competition; redunda nt construction, fighting forthe interests and resources and so on. These have not only hindered the formation ofthe unified nationa l market or the rationa l distribution of regiona l productivity, but alsodama ged the interests of the nation and undermined the legitima te rights and interestsof the consumers, or even to a large extent contributed to the loca l governmentauthority"renting and selling"and exacerbated corruption. Enhance, we should reformand improve the fisca l and tax ma nagement system, the state-owned economyma nagement mecha nism, loca l performa nce evaluation mecha nism and a reasonableposition of loca l governments; improve and implement the Anti-monopoly Law andthe Law on Combating Unfair Competition and propose to establish a inter-provincia ladministration of justice system independent of loca l governments with the function ofanti-regiona l economic monopoly and unfair competition. Furthermore, we shouldperfect and implement Administrative License Law, and it is suggested to takeadministrative licensing acts of loca l governments at all levels into the scope ofadministrative litigation and provide concerning parties judicia l relief channels toeffectively overcome loca l protectionism.Chapter 10"The lega l system of specia l economic zones."Under thebackground of the economic globa lization and increasing regiona l economicintegration, all countries in the world promote regiona l development through settingup various types of specia l economic zones. Since the implementation of China'sreform and opening up policy, in order to attract foreign capital, technology andma nagement experience, and engage in foreign economic cooperation and technicalexcha nges, as well as to adjust the indus trial la yout and promote technologica lprogress, we have established and developed specia l economic zones, economic andtechnologica l development zones, high-tech industry development zones, exportprocessing zones, bonded areas, the Nationa l Tourism Resort, Taiwanese investment zones and the new district, and other types of specia l economic zones. However, for thereason of lack ing uniform legislation, coupled with loca l interests driven, andunreasonable performa nce assessment mecha nism as well as la x enforcement, and soon, in the process of setting up various specia l economic zones in the country, itexposed a series of problems such as the blind development of specia l economic zones,great waste of resources, abuse of the policy resources and undermining market orderof fair competition; uneven distribution and aggra vate inter-district economic gap;industries lack of correla tion, not clusters, serious relia nce on preferential policies,weak capacity to keep susta inable development, unknown laws status, chaoticma nagement, and other issues. At present, China is absolutely needed to establish assoon as possible a comprehensive lega l system of specia l economic zones suited toChina's nationa l conditions.
Keywords/Search Tags:Region, Economic Law, Market Failure, Regional Planning, the Coordinated Development of Regional Economy
PDF Full Text Request
Related items