The Adjustment Of Economic Law On Income Redistribution

Income distribution usually refers to the owners of various elements in production and non-production field share the gross social income formed in a certain period according to their contribution rates. It is the result and performance of social resources and material interests' distribution. The result of income distribution is closely related to the national stability and development. The discussion on the legal system of income distribution has become an important historical and realistic proposition.The relationship between fairness and efficiency is an unavoidable and permanent issue on income distribution. The reasonable income distribution system must seek the balance between fairness and efficiency. Ever since a long time ago, our country's economy has been affected by power. The lack of law system to adjust income distribution and the lack of income distribution policies'continuity result in the unreasonable distribution between urban and rural areas, different regions and industries, the government, enterprises and citizens. The relationship between fairness and efficiency is not properly handled.Income distribution system is a systemic project, which refers to political system, economic system, legal system, ethics, and so on. Law is the document of distributing interest. Law is the most fundamental, important and effective guarantee of realizing the fair income distribution. National income is distributed by law among different regions, industries and subjects. We should achieve the value goal of fair and effective income distribution through the primary distribution and redistribution.Although every law has distribution function, different law plays different role in income distribution due to the different characteristics of each department law. The primary distribution is focused on the distribution of civil & commercial law, while the economic law undertakes the readjustment of income distribution. The primary distribution under the guidance of civil & commercial law pays attention on efficiency. But to the unfairness resulting from the primary distribution, civil & commercial law has no idea. We have to resort to other redistribution law to adjust, such as economic law. Economic law has redistribution function. It provides system guarantee for income redistribution and also becomes the source of legal system on income distribution readjustment. Economic law adjusts the income distribution under the principle of unifying fairness and efficiency, balancing the interests, maintaining the whole social benefits and controlling the market failure and government failure. Its further adjustment of income distribution by redistribution helps to realize the overall fairness and efficiency of social economy.Each part of the economic law, including market regulation law, national investment and management law, macro-control law and sub-department law(anti-monopoly law, fiscal law, tax law, state-owned enterprise law, industrial policy law, etc.) have redistribution function. The inhibition of monopolized industries'profit mainly relies on anti-monopoly law. Coordinating the income gap between urban and rural areas, regions and residents relies on fiscal law and tax law. Supporting underdeveloped regions, promoting the coordinated development of the regional economy mainly rely on national investment and management law. They all can readjust the primary distribution of civil & commercial law to realize the rational income distribution. Compared with social security law which also belongs to redistribution law, economic law greatly differs from it in redistribution's subjects, methods, purposes and principles, etc. Redistribution of social security law is intended to improve people's basic living conditions and emphasize on the protection of disadvantaged groups in order to realize social stability, while redistribution of economic law is intended to balance fairness and efficiency in order to realize the coordination, stability and development of social economy.The important prerequisite of economic law's redistribution is scientific and reasonable economic law system design. Because of the short history of our legal construction, compared with the economic law of the developed western countries, our existing economic law system has many defects, which makes the law hard to implement the best adjustment of income distribution. Therefore we must constantly perfect our country's economic law system, first based on China's social and economic reality and then utilizing the successful experience of western countries. Firstly, we must re-examine the anti-monopoly law, further strengthen the regulation of administrative monopoly, and perfect the anti-monopoly enforcement mechanisms. Secondly, we must improve macroeconomic regulation legislation as soon as possible, strengthen national budget law system, make the financial transfer payment legalization to narrow the gap among regions'development, make full use of the leverage of tax law and adjust the fairness of starting point and result, strengthen macro-control of government procurement law and promote the development of small and medium-sized enterprises to a maximal degree, and promote regional legislation to realize the coordinated development of national economy. Thirdly, we must perfect state-owned enterprise legislation, quicken the pace of state-owned enterprise restructuring and state-owned capital adjustment, strengthen the economic adjustment function of state-owned capital, guide the rational flow of folk capital, and narrow the regional development gap. Only by these ways can we perfect the economic law system, make full use of its regulating functions, and effectively promote the reform process of income distribution system.