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Study On Construction Of Law-governed State Generating Endogenously From Market Economy

Posted on:2009-11-30Degree:DoctorType:Dissertation
Country:ChinaCandidate:M S LiangFull Text:PDF
GTID:1116360272972329Subject:Western economics
Abstract/Summary:PDF Full Text Request
Usually, rule of law is considered as a cultural or political issue. With the rapid progress of market economy in China, people gradually noticed that it is eventually an economic issue to gain access to the state of rule of law. As an economic issue, it is therefore necessary to study and discuss the internal logical connection between market economy and rule of law systematically and deeply.Though the generally acknowledged concept about rule of law, it follows that not only the state power should enforce the law but also the law should restrict the state power in turn. This concept of rule of law tells us the paradox exists on the way access to the state of rule of law: it is the state power that makes laws and pushes the operation of the law; in the meanwhile, the state power is also restricted and treated as the target to adjust by law. Faced with the problem, it is essential only to depend on the third force except for the state power and law because both of them cannot dissolve it. The empirical fact that the process of the cultural world development provided is that the force discussed above does not emergent with the advent of the law companied with the state——otherwise rule of law should have been established with such force when the state appeared, which is eventually formed at the special stage of the process of social culture, and displayed as a new production mode that evolved naturally in the process of the gradual social economy development. Usually, it is accepted as a common sense named market economy.As an integrated mode of production, based on the social division in special field and widespread trade of resource, the constraint relationship is formed between the economy entities in the operation of the market economy. The mechanics of the restricted relationship is able to construct the state of rule of law in the market society: in the operation of the market economy, the mechanics could support the fairly trade of the resource internally, and consolidate each kind of economy entities to be an unite, strengthened, stabled economy force to sought for external force in order to sustain the fairly operation of the market economy. When the state is ratified as a arbitrator by the market, the economy entities consolidated by themselves would reform the traditional state toward a modern state and commit an agent independently to perform the function as an arbitrator; in order to ensure the fairly perform the function, the economy entities as an agent would control and restrict the national behavior of the agent through a variety of measures and ways, at the meantime, force the government to make law to adjust political behavior, economic behavior and any other social behavior, a country therefore operating under rule of law.In practical, there are indeed two ways to access the market construction of rule of law, according to there is two ways contained emergent internally and transplant externally: in inner-born market economy state, the legal system that control and restrict - the power would arrive in place first, and then gradually broaden the range of rule of law. This is the evolved path of inner-born market economy state; while in the transplanting market economy state, it is through the evolved path that the market economy develops first as a promote force to transform the society into the state of political democracy and eventually set up the rule of law entirely.The evolvement of rule of law in China should be only realized with the gradually developing of market economy. Any idea that achieve rule of law immediately is unrealistic, because China began its modernization trip by transplanting the western market economy. In the meanwhile, there are still a fair amount of challenges in the market economy development process, which not only interrupt the health and stable of the operation of our national economy but also impact the normal development of process of the rule of law. We shall take clear-headed eyes on it.
Keywords/Search Tags:rule of law, market, economic constraint, construction
PDF Full Text Request
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