Study On The Nature And Status Of State Investment And Management Law

The nature and status of state investment and management law are important problems in the theory of economic law. They concern the healthy development of the economic law subject. China's law scholars have carried out some research on economic law system since long time ago, which produces to a certain extent consensus; but some divergence also exists.As an important law standard of state regulating economy, state investment and management law has its social and economic origins. States are involved in investment and management, which is closely related to the modern market and which overcomes the defect of market exclusive for profit. The entry and exit of state capital are two aspects of state investment and management. They are complementary on regulating economy. Nationalization and privatization of state capital respectively corresponding to the entry and exit, some of the legal system as a safeguard, are national investments to improve the operation. The most important aim of modern market economy country investing in regulating the economy is to promote the coordinate, stable and healthy development of national economy.State investment and management law is the law to standardize state investment and management activities. Its basis of philosophy of law, essence, value, principle, function and so on , possess the nature of economic law obviously and are consistent with economic law. Although state investment and management is committed to various functions, regulation is the primary function. As a result, state investment and management law is the law of state regulating the economy, with the obvious nature of the economic law. The process of our state investment and management law's emergence and development reflects the gradual changes of our state economic function from control, leading to regulation. The attribute of regulating the economy is purified continuously. Redistribution function is the essential reflection of the law regulating economy, thus, it has become important norms to realize social interests' redistribution at current stage.State investment and management law has its relatively independent regulating objects and methods of regulation. It is given equal status with market control law and macro-regulation law. They are three independent parts of economic law system. Because market exists intrinsic defects, fundamental change don't take place in state investment and management and its nature after the Western Privation Wave and our reform of state-owned enterprises. And its independent status in economic law isn't shaken, either. The three components of economic law have essential differences, but also have close relationships. As countries strengthen macro-regulation, to some extent, the law should submit to macro-regulation law. But it doesn't mean that macro-regulation law can contain the law. Market control law, macro-regulation law and the law are divided their control limit and cooperate, constituting the complete economic law system.The independent status of the law will keep unchanged in the future. The theoretical basis is the permanence of market defects. Privatization Act and Nationalization Act are two important aspects of the law. Law about administrative structure of state-owned enterprises is the nucleus of the law. Because market, regulation mechanism and law evolve equally, the law continuously develops toward socialization and internationalization.Due to the change of social and economic situations, the ways of state regulating economy change somewhat. Among the three components of economic law, their statuses also change slightly. In developed market economy countries, market control law has given way to macro-regulation law in the nuclear position. In our country, state investment and management law also starts to give way to macro-regulation step by step. However, the law is still the nucleus of economic law system before our market economy system is established and improved.Confirming the independent status of the law has very important theoretical and practical significance, which is conducive to economic law subject's continuous improvement and to reform of state-owned enterprises. State-owned enterprise reform is not only an economic practice, but also a process to explore the theory. Each country must be under the guidance of scientific theory to reform state-owed enterprises. Regulating the economy is the most important reason of state-owned enterprises generated, and also the premise of state-owned enterprise system design. There have been a variety of guidelines during China's state-owned enterprise reform, but state regulating the economy should be an inevitable theoretical choice for China state-owed enterprise reform.