| Macroeconomic management is a key term with Chinese characteristics, which shows the relationship between government and market. Since the reform and opening-up, China central government and its departments have issued series of laws and regulations, attempting to implement macroeconomic management and normalize it. In a modern society based on the rule of law and market economy, actions of state and government shall be restricted by laws and regimes, so as to protect the rights of the people. Macroeconomic management, as actions of state and government, must be restricted by laws and regimes in order to work orderly, smoothly and legally. There are different opinions considering whether or not to adopt a legally approach in macroeconomic management and the connotation of it. This thesis, according the adjustment object theory based on law, economics, and political science; the theory of macroeconomic management; the theory of the origin and classification of power and rights; the theory of supervision on the state action and power; the theory of political liability and legal liability, etc.;explains the connotation and characteristics of macroeconomic management and the legalization of macroeconomic management, analyses:the necessity of legalization and legislation of macroeconomic management; the principle and method of normalization of macroeconomic management and the distribution of power to manage macroeconomic; the legal and political characteristic of the power to manage macroeconomic; the stability of the power to manage macroeconomic. This thesis the following points:macroeconomic management is suitable for policy adjustment; and the distribution of the power to manage macroeconomic should depend on the process of and stages; macroeconomic management means are equal to government management of macroeconomics; the misunderstanding view that the macroeconomic management is government behavior, so they are immune from prosecution.Except for the introduction and the conclusion, the thesis consists of six chapters.Chapter two analyzes the fundamental characteristics of macroeconomics and modem rule of law, deem that canonical connotation of macroeconomic management is as follows:it’s the management activities taken by state and government using economic variables, which directly influence the aggregate macroeconomics and indirectly affect the reproduction motivation and behavior of various market players and social subjects, to achieve full employment, economic growth, price stability, balance of payments and equitable distribution of economic activities of the coordination of macroeconomic development goals. The connotation of legalization of macroeconomic management is: establishing basic law on macroeconomic management (the discussion about whether and how to develop China’s macroeconomic management is in Chapter six), specifically identifying of the authorities and addressing the power to management macroeconomics, delimitation of the areas of macroeconomic management, specifying measures, procedures and legal obligations and so forth of macroeconomic management, so as to achieve the following goals in accordance with law: drawing the scope of macroeconomic management, define macroeconomic management power, regulating the macroeconomic management actions, regulating macroeconomic management methods, specifying macroeconomic management responsibilities.Chapter three analyses theories of politics and law on the origin and essential characteristics of the concept of power and right, based on that macroeconomic management as the constitutional requirements of the state functions, pointing out:that making the macroeconomic management power as rights is misunderstanding the nature and characteristics of powers and rights, that power is only the concept of political science rather than the concept of law and " power cannot be the rule of law " showing that the understanding of modem rule of law is not comprehensive enough. It is a misunderstanding of the meaning the rule of law. It also points out:that the macroeconomic management over the political and legal property contains both the power and the right characteristics The basic argument is that there is objective based, especially its emphasis on the where rights and interests of the power comes from, the powers cannot be separated from the right to the analysis corresponds power is the subject of rights respected society together to safeguard the rights of the public forces of power generating objectivity; However, without accurate understanding of the relationship between power and rights, contact resistance of the power and the right to replace the essential attribute of confused state and their representative organizations (national authorities) the exercise of state regulation functions of the economy and its behavior with specific social and economic organization commissioned by the state to achieve its economic regulation functions (mainly state-invested enterprises) engaged in a particular market operators with behavior to achieve specific economic objectives and targets between the different constitutional attributes. According to this view, the guidelines and regulations of the practice of China’s macroeconomic management will have some deviation to the macroeconomic management rule of law. It is not conducive to the realization of the real rule of law in China’s macroeconomic management. It also deem that:Macroeconomic regulation and control as the regulation and protection is one kind of the state regulation, is a leading regulator of the state’s economy as a whole, indirect regulator, also need protection and backing of the public authority, the macroeconomic management rights of both national economic regulation is within the basic content, and one of the state’s economic regulator power.Chapter four of this thesis, by revealing economic and macroeconomic theory and related economic regulatory, as well as the systematic investigation of the basic theory of political science, political economy, and law, combines hose with foreign experience of concerning regulation and intervention on the market economy, pointing out that:The opinion that negating the legalization macroeconomic management by emphasizing the uncertainty of the economic operation, the diversity and complexity of the macroeconomic management means, means of macroeconomic management without steady combination, difficulties to make thorough and accurate decisions, and uncertainty of the effect of the macroeconomic management, not only confuse the macroeconomic management objects with the object under the adjustment of the macroeconomic management law, but also is contrary to the basic requirements of the rule of law, and make the rule of law a practical tool. This thesis also pointing out that:the legalization of macroeconomic management based on creation of rights, separation of powers, accountability is not the comprehensive rule of law. Without this part, the legalization of macroeconomic management is not a modern rule of law.Chapter five analyses the nature and characteristics of the macroeconomic management, as well as economics and macroeconomic regulation practice history of Chinese and other countries, pointing out: that making legal, policy and administrative method macroeconomic management method dose not satisfy the basic established principle of Chinese logic, political science, public administration, economics and law. Fiscal policy and monetary policy are typical macroeconomic management method. The plan to guide the coordinated development of macroeconomic indicators should be a means of macroeconomic management method; industry policy is lack of its own unique measures and methods to adjust industry structure, so it is difficult to become an independent means of macroeconomic management. Government control and interventions on the exchange rate (central bank participates in the foreign exchange market,) can be included in the macroeconomic management means; Government price interventions can serve the goal of coordinated macroeconomic growth, but it does not meet the macroeconomic management requirement of indirectly interfering economic activities, so it is difficult to become a means of macroeconomic management. Land policy is based on the goal of both the administrative acts of direct intervention in social and economic activities, used as goals of economic intervention and objects, rather than means of macroeconomic control measures regulating the coordinated macroeconomic development. According to this, regardless of the use of financial means and tax means in the sense of general national administration or sense of macroeconomic control, the power, in the modern rule of law, to establishment, change and cancellation of specific financial instruments shall subject to legislature. The use of monetary policy to exercise macroeconomic management shall be subject to public supervision and the representatives of the people, while the requirements on the use of the fiscal policy to are much lower, that power is often owned by the central bank as a department of central government or as an independent department or institutions similar to the central bank. As one of the means of macroeconomic control, plan is related to the national economy. It is national plans, social cause, and national interests, the preparation of the plan, the approval of the plan should have a wide range of democratic participation. National representative body-National People’s Congress shall have the rights of macroeconomic management. Central bank’s participation in the foreign exchange market, influencing the exchange rates, is a kind of government involvement of market activities. Central bank is on behalf of the State, has economic subject identity, and is professional, with respect to when and to what extent to participate. In our country, the above rights will be allocated to China’s central bank-the People’s Bank of China, because of its professionalism, consistency, and convenience to exercise macroeconomic management.Chapter six examines the natural and constitutional attributes of the macroeconomic management, the means and measures of macroeconomic management, the distribution of power to implement, the relationship between macroeconomic management responsibilities and macroeconomic management liability, features of macroeconomic management liability, and other fundamental factors that determine the stability of macroeconomic management; brings forward that: macroeconomic management is the exercise of state power and has comprehensive connotation, the diversity of the means and measures of macroeconomic management make especially the constitutional nature of the authorities and relevant organizations involved in the macroeconomic management different, and therefore bear different responsibilities for the consequences of macroeconomic management; the connotation of macroeconomic management’s suability is macroeconomic management liability. From the ought of modem rule of law, any macroeconomic management actions contrary to constitution and law,taken by state organs and social organizations taking the public power, cannot be exempted.Chapter seven analyzes the existing research on the necessity of making macroeconomic management basic law, pointing out that:the existing doctrines make too much emphasis on the abstract rational reason and meaning of the development of macroeconomic management basic law, based on the practical problems or defects exist in China’s macroeconomic management legislation and law enforcement, without any enumeration of specific instances, analysis, and evidence. And this necessity analysis also cannot give answer to whether the existing law and regulations on macroeconomic management, by managing currency, credit, finance, tax, plan, and exchange rate, are enough for the modem rule of law; we deem that single law or regulation on macroeconomic management is not able to define the concept of standardized macroeconomic management, is not able to make thorough regulation on the objectives and means of macroeconomics. In order to complete configuration of macroeconomic management power, make clear legal responsibility of the macroeconomic management, and build the macroeconomic control illegal review mechanism, format the basic principles of macroeconomic management, the development of the macroeconomic management basic law is necessary. The establishment of macroeconomic management basic law is related with distribution of power, regulation of legal relationship, evaluation of results, supervision, and legal liability. |
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