Economic Analysis Of The Industry Law In China

According to the inadequate research on economic analysis of industry law and the requirement of formulating and implementing practices of industry policy and law, the purpose of this thesis is:based on the industry law practice and from perspective of normative analysis industry regulation law and industry promotion law in China, the thesis analyzes the basic categories, rationality and legitimacy of the industry and industry law, classifies the industry law into industry regulation law and industry promotion law, uses economic analysis methods to research various industry law norms, deduces the corresponding principles and patterns by using category analysis, historical analysis, economic normative and empirical analysis methods, in order to provide a reference for perfecting the industry legal system in China.The thesis can be divided into six chapters. In addition to the introduction and conclusion, the main content of the thesis includes:economic attributes analysis about the industry law, economic basis and economic analysis methods of the industry law, economic analysis of the industry regulation law, and economic analysis of the industry promotion law.Firstly, the thesis does research on basic concepts of the industry and industry law, and then analyzes the impact of industrial development made by industry law adjustment, economic policy law attributes and resources law attributes of the industry law, in order to prove the economic attributes of the industry law. Then draw a conclusion that the industry law is the common research object of the industrial economics and law. Secondly, based on the existing research findings, the thesis mainly elaborates the economic bases and the basic economic analysis concepts and methods which China’s industrial policy and legal systems based on. Then focuses on the special economic bases which China’s socialist market economy relying on, and discusses the reasons why government makes macro-control failure. Finally, as the most important innovation part, the thesis analyzes respectively the forms and rules, basic questions of the industry regulation law and industry promotion law, then combined with examples, the thesis analyzes the definitions and categories, rights and duties, prohibition and restriction norms, declarative norms, advocate norms, and incentive norms by economic analysis methods, puts forward the basic economic principles and patterns which should be followed by industry law.In this thesis, the author argues that as China’s typical economic law, the industry law involves obvious economic attributes. The economic bases of China’s industry law are economic principles of the industrial division and running which under the market-oriented economy conditions and the reform and opening up practices of China. Moreover, there is important practical significance to improve the industrial legal system by using the law economic methods and industrial economic methods to research the industry law. At the same time, this thesis not only puts some questions such as vagueness, inaccuracy or absence on category and status of the industry and industry law, and then does research on these questions, finally puts forward the author’s own point of view. The main issues this thesis involves are:the contents and relationships of industry, trade, business, consumer; the define of the industrial organization relationship; the socialist economic basis which the industry law based on; whether the society can be served as the industry regulatory body; the economic relationship between the industry regulation law and the industry promotion law and so on.