Research On The Legal Regulation Of Market Supervision Power

Market supervision power and macro-control power are two means for the government to intervene in the economy.The former protects the interests of legitimate operators against the disruption of market competition order in the micro-economic market;the latter targets the balance of the national economy and structural coordination.The market supervision power has important significance for the macro-control power.First,the exercise of market supervision power can create an orderly basic environment for macro-control,and the second is that market supervision power can be the implementation of macro-control policy of macro-control power.Provide an implementation guarantee,and clarify the regulatory policies and indicators into the regulatory content of the regulated objects.Since the exercise of market supervision rights directly affects market entities,its influence on the interests of market operators and consumers is more obvious and effective,and people feel more strongly about the results of market supervision.The exercise of macro-control power is indirect,guiding,and soft-lawful,and its role is slow,long-term,and uncertain.The market supervision power as the performance of administrative power can quickly put the will of administrative economic management implemented inside the economic market.Without the supervision of the market and the maintenance of the economic market order,there is no smooth implementation of macroeconomic regulation and control.Every failure of macroeconomic regulation and control is manifested in the out of control of the market competition order and the dereliction of duty in market supervision power.If there is power,there is corruption.The greater the power,the greater the possibility of corruption.The alienation of market supervision power can lead to its breach of the public's entrustment of its "social contract" and may also mislead the market operators' economic decision-making orientation.What is more serious is the improper exercise of market supervision power,which has ruined the credibility of the administrative organs and hurt the legitimacy of the government.It has made the market fair and legal competition unprotected and led to speculation.The vitality of economic innovation in the entire society has been severely suppressed.Since the 18 th National Congress of the Communist Party of China,the new government has vigorously promoted the reform of the country and the administrative system according to law,and vigorously promoted the reform of the state governance system of decentralization,decentralization,and optimization of services in order to improve the efficiency of social services of administrative agencies.Inspire the vitality and enthusiasm of the entire society for economic innovation,and push China's modernization and rule of law construction to a higher stage.The signal sent by this is to regulate the relationship between the government and the market according to law,and form an institutional structure in which the government serves the market and the market determines the allocation of resources in economic development.Governing the country lies in the rule of law.The development of the economy lies in reducing administrative intervention.All the points are in the legal operation of administrative power,reducing corruption and abuse of power.The devil exists in the details,and the details determine the success or failure of things.No matter how grand the social vision or the passionate motivation for change,in the absence of detailed institutional design,it will eventually flow into form or lead to failure.The reform of the market supervision power of the administrative organs needs to clear the context of the economic legal system,and then prepare for the specific rules.Based on the above reasons,this paper has made research and discussion on the basic issues of “how to supervise the correct exercise of market supervision power from the perspective of economic law”.The first chapter is about the definition of the concept of market supervision.This chapter mainly discusses the following questions: First,the meaning of the definition of the concept of market supervision.Legal research needs to define the basic concepts of problem objects.The clarification of legal concepts in philosophical epistemology allows us to distinguish research objects from other affairs,so that the background of problem research becomes clear.Secondly,the legal concept is clear on social epistemology.It will enable us to deepen our understanding of the market economy and develop and improve the formulation and implementation of the law in the future.Second,it defines and analyzes the concept of market supervision power,and considers it to be the power given by the law to the government to supervise and manage the business activities of market entities.Third,the Chinese and foreign history of the emergence and development of market supervision power have been longitudinally sorted out.Fourth,it analyzes the economic and regulatory characteristics of market supervision rights.The second chapter is about the theoretical basis of the legal regulation of market supervision.First,it analyzes the theoretical basis of the legal regulation of market supervision rights,and believes that the legitimacy of the supervision of market supervision rights is based on the theory of social contract,economic freedom,economic democracy and ruling the country according to law.Second,it introduces the market supervision power supervision mode of several typical developed market economy countries,including the United States,the United Kingdom and Germany,and believes that the governments of these developed countries have the power to intervene in their own markets according to law.There is no difference in understanding.However,there are differences in the supervision of government regulatory power.The US Congress has a large balance between government power,independent supervision committees and parliamentary censorship,which limits government supervision.In addition,the White House has its own set of supervision mechanisms.The difference between Germany and the United States is that it is more focused on the internal oversight mechanism of the executive.The British administrative supervision is based on the principle of separation of powers.The UK government's self-monitoring mechanism is also much larger than that of the United States,while the United States focuses on parliamentary and judicial supervision.The enlightenment to us is that the market economy countries need to pay attention to the supervision of the government's economic management power.There must be an effective set of measures,and the construction of the government's economic management authority should be based on the national conditions.The third chapter is about the legal regulation of the main body of market supervision.First,the legal subject occupies an important position in the legal relationship component.Without the market supervision power to exercise the subject,there is no market regulatory legal relationship.Second,the subject of market supervision has the characteristics of legality of qualification,extensiveness of authority,and diversity of forms.According to different standards,the main body of market supervision power can be divided into the main body of government market supervision power and the main body of social market supervision power.Third,in the regulation of the subject qualification of market supervision power,it is necessary to establish a system for obtaining,changing and losing the qualifications of the subject.The fourth chapter is about the legal regulation of the allocation of market supervision power.First,it discusses the theoretical reasons for improving the rational allocation of market supervision power,including the need for political model reform and the need for coordination of power operations.Second,it analyzes the basic principles and division of labor between the central and local governments in the division of market supervision power.Thirdly,it studies the division of labor and supervision of the market supervision power in the governmentand the social market supervision power,and demonstrates how to supervise the exercise of the supervision power of the market supervision power.The fifth chapter is about the legal regulation of the scope of market supervision.The scope of exercise of market supervision rights is directly related to the power of the supervisory body and the scope of market autonomy of the market.First,it analyzes the theoretical basis of the legal regulation of the scope of market supervision power,mainly from the perspectives of political economy,historical experience of market economy and the legal nature of economic law.Second,the analysis and demonstration of the specific methods of legal regulation of the scope of market supervision,including the clear definition of its power boundaries,and the implementation of the central government's list of government rights and responsibilities.The sixth chapter is about the legal responsibility of improper exercise of market supervision power.Legal liability is the guarantee means for law-abiding subjects to abide by the law.Without legal responsibility,the subject of market supervision will abuse the supervisory power without any scruples.First,it analyzes what is the improper exercise of market supervision power and its meaning,and then analyzes the difference between the legal liability under the improper exercise of market supervision power and the legal responsibility of other subjects of economic law.Second,it discusses the manifestations of improper exercise of market supervision power.Third,it discusses the specific content of the legal liability required for the improper exercise of market supervision power.