Historical Carding And Jurisprudencial Analysis To Government's Economic Management Of China

China is to build a socialist market economy; it needs to take comprehensive measures to ensure stable economic growth, optimizing the economic structure, the general price level stability, full employment, income distribution, justice, the international balance of payments. This is actually the new economic management functions borne by the country under conditions of the market economy. State as managers actively involved in the economic operation of the planning, coordination, guidance, and restrictions. In a certain sense, for the country's economic management activities, we must have representatives from certain agencies to implement and countries need to set up a special body to be given in the form of statutory authority. The government upholding the will of the state assumes this responsibility, resulting in the government's economic management activities. Their enjoyment of the terms of reference was called the government's economic management. In the modern market economy conditions, on behalf of the State Government, to ensure the stable development of the national economy through the economic management activities plays an irreplaceable role, but it is a state or government-led economic management activities, in any case it could not replace all the socio-economic management activities, the main market itself, as well as the management of the enthusiasm, initiative, is an important prerequisite for state or government to make effective management. The government's economic management power belongs to the power of economic law jurisdictions. It is a kind of power and also a responsibility for the state power application and implementation in the economic field.Based on the above understanding, this paper launched to achieve the following purpose:1.There are many differences of the government's economic of our county in different period of history. There is a need to clarify these differences.2.Providing academic resources to improve the basic theory of economic law.3.The purpose of studying the government's economic management areas and the right to basic operating rules and mechanism is to fully understand the current role of the Chinese government at all levels and conversion of its identity. Only standardized exercising of the right to the government's economic management can we respond various challenges in the market economy conditions.The significance of government's economic management research under the conditions of market economy can be attributed to the following aspects:1.A notable feature of the modern market economy is developed market economies and the rule of law in the modern integration. Its specific meaning is that a mature market mechanism and macro-control mechanism is well integrated through the law convergence. The law has permeated deeply into the various aspects and fields and achieved the overall effect of the rule of law through its integration, so that a modern market economy has become a new, standardized and institutionalized the market economy.In my opinion, it can be said that such a conclusion is from historical investigation of major capitalist countries and their market economy. It provides reference for establishing structure of China's socialist market economy. It is not hard to obtain such a conclusion that interaction between market and state is essential condition for healthy development of market economy. For this reason, there are three aspects of the relations to be recognized in specific historical conditions. Firstly, relation of state (government) and economic; secondly, relation of law and market economy; thirdly, relationship between management and law. The cooperation of this three aspects is the issue of government's economic management. Therefore, the government's economic management is an important power in the field of economic law. It will help us start on the basic theoretical research in economic law.2.The law today, especially economic laws, is out of date compared with rapid developing socialist market economy to some extent. Not only legislative problems but also theoretical research are backwards for the economic law. Nearly 30 years of reform and opening up, economic laws study has ignored the economic law is the application of law and overlooked the basic theory to the law department of the infiltration, resulting in phenomenon that "General" and"Specific institution " are totally separated with each other. Study the theory of economic law we can have a variety of perspectives. From the government's economic management as a point to research is beneficial for the development of economic law.3.Accurate positioning government's economic management under the conditions of China's market economy as a social right to manage, on the one hand it will help us as a logical starting point in China to rethink its position in the power system to avoid errors into academic research . On the other hand it is helpful for the Government to exercise the power correctly.4.The rights and powers are the core concepts not only in jurisprudence but also in the rules of law. These two concepts run through all the departments of the law. The harmonious relationship between rights and powers is the social harmony. State authority and the civil rights conflict will cause social unrest and institutional change. In the economic law, we should make good arrangements for the relationship between the rights and powers, for example, in the Market Regulation Law and the macro-control legal system, the country's economic management and the power of the main activities in the main market of the balance between rights on the issue of coordination. How to configure the management of the national economy? How to regulate their operation? Government under market economy conditions of the roles and changing its functions? How to exercise of power supervision towards the main national economic management implementation? All the above questions will be answered in this paper.The overall framework of this paper is that recalling status quo of government economic management and different stages of its development after the new China founded. Inspecting the government interview under the market economic in western countries, we think that it is essential for the government to learn from foreign experience and useful combination of practical needs and innovate the legal system. Major Western capitalist countries experience of market economy management under the conditions of market economy can not be fully focused and migrate to China reality. This paper focuses on the following questions:1.The management of the general economic issues, such as the legitimacy of the government's economic management under China's market economy, the concept of the right to define economic management, analysis of its nature and characteristics etc.2.Positioning the government's economic management in the state power system.3.Operation issues of the right, such as the principles, rules and mechanisms for government's economic management exercise of the right.4.The supervision way to control the government's economic management. For government's economic management, the right to exercise must type of responsibility and its responsibility must be a dynamic way.For an issue to be examined, we should ask what its basic description is, how it happens and how it exists and operates in practice. Therefore, this paper used ontology - cause theory - the study of operating framework to discuss the government's economic management under the conditions of the market economy in China. This study is not exhaustive, but basically relates to the right of the government's economic management almost all important issues. In the analysis of specific issues, the paper takes a variety of multidisciplinary research perspective and methods to analyze, the government's economic management. Such as state issue in the political science theory analysis, the system changes in the economics of public choice theory and analysis, the role of sociological theory analysis, the study of comparative law analysis, historical examination methods, and empirical analysis methods. In a certain sense, in order to have theoretical study, innovative research methods must go first. The author hopes clarifying the government's economic management integrating all of the above methods under the conditions of the market economy in China and expositing some of its significant questions in a systematic way.The full text is divided into four chapters.Chapter one discussed general right of the government's economic management under the conditions of the market economy specifically. First of all, the paper defines connotation of the government's economic management. It is the government's economic management to a market economy under the conditions of the Government in the public interest intervenes in the market economy, regulation and management of the relevant market. The main act is based on the government's economic management functions in order to overcome market failures and achieve optimal allocation of social resources and the maximization of the public interest, and intervention in the market and economic life. At the same time it is as guidelines and regulating the market of the main economic activities of a series of public power collectively. This power can be said one of the most important powers in a modern market economy country. It is a huge power system. It not only plays a full role in the coordination and guidance from the macro way, but also regulates the action of main part of the market in the micro way. We must ensure that the legitimate power system configuration and optimization following a logical structure. Specifically, the government's economic management of the economy includes the formulation of laws and regulations, economic decision-making power, economic organizations, economic resource allocation, economic behavior access, the process of economic control and economic risks to unexpected economic events deal with the emergency, economic behavior and unlawful handling of the economy and the right for building and implementation of the social security. The nature of the government's economic management is a social public management affair. The purpose of government economic management of the operation of the market economy to the whole process of guidance, supervision and handling is to overcome market failures, the market mechanism to eliminate the inherent shortcomings, the establishment and maintenance of a good market order. In this process, the nature of government power exercise is provision of public goods and social management of public affairs, thereby protecting the interests of the community. The government's economic management's features are statutory, the will of the public, specificality and domination, implementation as well as service nature of market economic management. The government's economic management power plays against the main function of the various market monopolies and unfair competition. It regulates conduct of market main in order to remove market barriers in a forced way. It is also regain the function of to the market mechanism for allocation of resources. In this part, the author studied Western countries market economic theory focusing on the spontaneous market regulation and state intervention that the Western countries on the theory of market economy paradigm to think of the general problem of the government's economic management. The author always takes the relationship between the market and the government as the logical starting point in this paper. According to different views towards the relationship between the market and the state, the author research there aspects which are"On the spontaneous market","state intervention theory"and "mixed economy theory". "On the spontaneous market" and "state intervention" changing from one to the other constitutes basic developing clues of Western market economy theory. We obtain a conclusion that both market regulation and state intervention are essential for a modern market economy. Only the perfect cooperation of these two aspects can ensure normal functioning of a modern market.Chapter two inspects government's economic management system the founding of New China in a historical way and exposit the content and ways of government's economic management which happened during the period from planned economic system to a market economy system. And then the paper research the change of government's economic management from three different stages that are the planned economy stage, the planned market economy stage and the stage of the market economy. Based on this research the paper analyzes macroeconomic regulation and control, the government's macroeconomic control and the Market Regulation right in the condition of market economy.Chapter three analyzes the position of the government's economic management in the power system of entire country. As a product of public authority intervention economic life, the Government's economic management results from combination of "private law publicize" and "public law privatize" the results of its own means to produce both power system reconstruction. It means reconstruction of modern power system. The author believes that the government's economic management is different from general and administrative power, and also different from the general private right not only in the aspect of main but also its content and benefit. As for the content of government's economic management, in the author's opinion it includes two aspects which are macro-control and the market regulation.The last part of the paper discusses the exercise of the right rules, mechanisms and monitoring powers of the government's economic management. In the operating rules, the government's economic management should be followed to the rule of law rules, the rules of efficiency, reasonable rules, credit rules, open rules, rights protection rules; In the operating mechanism, it should be included market mechanism, contract mechanism and the mechanism of combination between the right and the responsibility;In the power monitoring mechanism, it should included rules of monitoring, Procedures of monitoring, control of relief and professional start monitoring to ensure the unity between the government's power and its responsibility in order to emphasize the responsibility to the government's power to exercise.