On Legal Control Of Macro-control Power

Macro-control power is a new type of national economic power-the power of national economic adjustment at the stage of modern market economy; and its relationship with the micro-control power is one of integral power with partial power. Macro-control power is from law, under law and by law. Law is superior to, powerful than, and has control over macro-control power. The legal control of macro-control power in the context of legal control view means formulating the measures of governing and controlling macro-control power. They cover the legal restraint, restriction and supervision of macro-control power.Modern market economy countries (including transition countries) should have legal control over macro-control power, which is necessary for inhibition of the implementation of legal control and for the protection of alienation of the macro-control needed to protect the " the legitimate economic interests obtained by social subjects through the initial distribution ", and it is what it means by the topic of macro-control legislation. In addition, the specific principles of public reason on the legal control of macro-control power consist of the principle of power limitation, the principle of due process, and the principle of the unity of right and obligation. And from the three specific principles of public reason we can deduce the basic principle of public reason for legal control of the power of macro-control—the proportionality principle.The manners of the legal control of the macro-control power include:by means of law, identifying the social mainstream economy rights, protecting the economic power of the people of the society, and the dividing macro-control power. Among them, the manner of dividing macro-control power through the law is the main way of the legal control of macro-control power. However, in order to effectuate the main manner, it is necessary to firstly divide the power of macro-control through the law into three kinds of basic macro-control power:macro-control decision-making power, executive power and supervision power before legally controlling the setup, practice and accountability of the three basic kinds of power.By analysing the legal texts, the current situation of the legal relative on the legal control of macro-control power is identified and it also describes the legal system of macro-control for the estate tax, the financial tax, and the industry in China today. And on this basis, macro-control activities are analyzed and the macro-control anomie behavior is pointed out in the macro-control activities at the transition stage, and it is suggested that this may be related to the fact that there exist the legal supply missing and shortage in power control in the legal system of macro-control. It also suggested that at the stage of transition, the habitual thinking about policy control, power doctrine of the legislative model, and the extensive doctrine of legislative strategy should be changed and this particular behavior should be effectively regulated through the legal system reform.At present, it is necessary to construct a systematic framework for legal control of macro-control power by making the basic law of macro-control in our country. The basic law of macro-control should stipulate clearly that the main body of the macro-control decision-making power is the NPC and its Standing Committee; its way to the exercise of power is "to examine and approve the national economic and social development plans, the state budget, and part of adjustment programs. " The abuse of macro-control decision-making power by The NPC and its Standing Committee should make them bear the legal responsibility themselves. According to our Constitution, the right of the main implementation of macroeconomic regulation is set by the State Council, which acts through economic," the exercise of power—the implementation of the macro-control policy-making. The abuse of macro-control power by the State Council should make it bear the legal responsibility. The main body of macro-control supervision power is set the NPC and its Standing Committee, but its supervision mode to macro-control power is not identical. The abuse of macro-control power supervised by the NPC and its Standing Committee should make it bear the legal responsibility.