| This thesis reviews and combines the historical evolution of the socialist market economy since the reform and opening up and the government by law process based on this.This thesis argues that the socialist market economy with Chinese characteristics under the rule of law process,the basic achievement in transformation from planned economy to socialist market economy have formed the basic system of laws and regulations,and preliminary build up market factors and government regulation mechanism of economic system and the rule of law in the benign interaction.Therefore,coming up from the top design'planning goals and tasks of the rule of law approaches and measures,improving the rule of law has become a new era of economic directional requirement and the choice.In addition to the introduction and conclusion,this thesis consists of six chapters.Chapter? is the historical origin and theoretical analysis of the rule of law-based economy.Combing history from the theory source,this part analyzes the basic idea of law and economics,including the Aristotle Plato's the basic concept of law and economics,Hegel s basic concepts of law and economics,Adam Smith's the basic concept of law and economics,Marx,Engels,Hayek and Thomas Katie's basic concepts of law and economics,Xi jinping's the basic ideas on the rule of law-based economy.First is about the theoretical source of the rule of law-based economy.It mainly includes:justice,rule of law and commodity trade;civil rights and classical political economy;contemporary capital and the rule of law:a case study of capital in the 21st century.Second is about the relationship between law-based economy and political economy.The theoretical connection between political economy,socialist political economy with chinese characteristics and law-based economy.Third is about the connotation and value concept between market economy and country ruled by law.The first part is the authority of law.In the operation of socialist market economy,the law has authority in regulating the transaction behavior and government behavior.In terms of the dispute resolution of commodity trading,legal rules are more authoritative than other dispute resolution mechanisms.The second part is the protection of rights.The concept of rights is an important basis for the development of law in modern society,which requires the respect and protection of rights.Since modern times,civil society and political state have formed a legal system based on rights.The Third part is the hypothesis of bounded rationality and legal rules.Proceeding from egoism and rational behavior,economics takes rational man hypothesis as an important theoretical basis for explaining economic phenomena and analyzing human behavior.Economic man assumes that the subject in economic activities is completely rational and self-interested,and uses the collected information to calculate various possibilities in order to pursue maximum self-interests.The fourth part is the honesty and credit in public order and good custom.In the legal relationship,the legal relationship involving honesty and credit includes the legal relationship between market subjects and the legal relationship between market subjects and society.The operation of socialist market economy needs to respect the concept of public order and good custom of the rule of law and legal rules.The main contents of public order and good customs include social public order and good customs.Chapter ? is the historical evolution of law-based economy:40 years of law-based economy construction.From the theory of civil society to the basic framework of market economy,the formation of rule of law-based economy has experienced a long historical evolution.This part carefully sorted out the basic ways of economic development since the reform and opening up:first,the proposal of the plan as the main and the market regulation as the supplement and the formulation of laws.Before the reform and opening up,the planned economy was the only way to develop the economy.After the reform and opening up,China began to explore the market to allocate resources and made the corresponding laws,such as the sino-foreign joint venture law,the main purpose is to introduce foreign capital and technology,and stipulate the legal form of joint venture for limited liability companies and joint venture profit distribution and other legal issues.Second,the formulation of laws for a planned commodity economy.The planned commodity economy and the socialist planned economy are not opposite but identical,and their essence is also the relationship between the planned economy and the market.The patent law(1984),the foreign economic contract law(1985)and other relevant laws and regulations on market entities,property right system and transaction rules were formulated one after another.Third,the formulation of laws in the period when the socialist market economy was formally established.After comrade Deng xiaoping visited the south and made important remarks,the basic relationship between the plan and the market was straightened out and clarified.Building a perfect socialist market economic system and mechanism has become an important task and main goal of reform and opening up and legal system reform.A large number of laws concerning market order and trading rules have been introduced,such as the company law and product quality law.Fourth,we will comprehensively promote law-based economic development in the period of law-based governance.The decision of the CPC central committee on several major issues concerning comprehensively advancing the rule of law states:"socialist market economy is essentially a law-based economy." In the rule of law-based economy,the decisive role of market in allocating resources is mainly reflected in that the rule of law economy does not allow the government to directly involve in economic activities and business activities,and the government can only regulate and control market activities and economic activities through legal rules.Chapter ? is the basic principle of law-based economy.The basic principles of law-based economy can be summarized as follows:first,the principle of law-based productive forces.The rule of law is an important component of productive forces.From the perspective of the operating mechanism and institutional framework of market economy,the spirit of rule of law and legal rules are of great institutional value in market transactions and ownership of property rights.Therefore,the incorporation of the rule of law framework and legal rules into the basic elements of productivity helps to ensure the institutionalization and rule of law of market economic activities.Second,the principle of equality of rights and restriction of power.In the field of law and economics,equality of rights is the basis of private law for social life and economic operation.The theoretical study of equal rights is the ultimate value goal based on human nature and attribute.Equality of rights is the basic proposition of human's free development and economic and social development.Third,we should adhere to the principle of common development of the public sector and the non-public sector.Under the concept of equal rights under the rule of law,the public and non-public sectors of the economy enjoy the same legal status and equal opportunities for development.The legal system of socialist market economy provides a framework and rules for the socialist market economy with Chinese characteristics.In order to perfect the rule of law construction of socialist market economy,the standardization of administrative acts of administrative organs and the protection of legitimate rights and interests of non-public economy should be integrated.Entrepreneurial spirit can be roughly summarized as:system innovation spirit,technology innovation spirit,social responsibility spirit,honesty and trustworthiness spirit and respect for the spirit of legal rules.Fourth,the principle of law-based government macro-control.The legalization of government macro-control mainly means that the measures taken by administrative organs in macro-economic control should be carried out within the framework of the rule of law and conform to the legal system of decision-making procedures of administrative organs.In order to realize the rule of law of macro-control,it is very necessary to formulate laws and regulations concerning the basic system of macro-control,such as the basic law of macro-control or the procedural law of macro-control.Fifth,the principle of law reform securing the system innovation.The synchronization of system innovation and rule of law reform can provide system guarantee and stability for the reform of socialist market economy system.Such reform measures as institutional exploration,institutional trial and institutional breakthrough need to demonstrate the spirit of the rule of law,obtain legal authorization and follow legal procedures.Chapter ? is the institutional framework and the top-level design of the rule of law-based economy.The legal system framework of the rule of law-based economy includes the following parts:first,the list of government powers and the protection of the rights and interests of market subjects.The framework of building a law-based economy lies in establishing a law-based government and a law-based society,especially in clarifying the list of government powers and protecting the legitimate rights and interests of market economic entities.As a restriction mechanism of power,the list of governmental powers specifies the powers possessed by administrative organs and the ways to exercise them.The change of ideas from civil society to legal society reflects the fundamental position of the spirit of rule of law and legal rules in economic and social development.Second,the basic positioning of the relationship between the market and the government:the market plays a decisive role in the allocation of resources.The legal issues facing the modern economic system include the legal issues of the industrial system,the legal issues of market allocation of resources,the legal issues of fair and effective distribution,the legal issues of balanced regional development,the legal issues of green development and the legal issues of the economic system.Third,the private law foundation and civil code of law-based economy.The civil code is the foundation of the private law of the law-based economy.As the basic legal rule of socialist market economy,civil code is the basic legal basis of rights equality,public order and good custom,and property right protection.As a systematic and rational legislative act,the civil code compilation mainly involves property rights,creditor's rights,intellectual property rights and other legal systems related to the socialist market economy.Fourth,the rule of law-based economy and the spirit of contract.Market economy needs the spirit of contract to provide a good economic order for commodity trading,and more importantly,it needs to balance the exercise of public power in civil society.Administrative power has such basic attributes as expansionary and rent-seeking,so it needs the rights of civil society to restrict and oppose.Between the state and the individual,civil society checks and balances the exercise of administrative power with the system of rights and the spirit of contract.Fifth,a law-based economy and business environment.According to world bank standards,a business environment requires the following:To apply for construction permits;access to electricity;property right registration;access to credit;protecting minority investors;tax;cross-border trade;contract execution;bankruptcy proceedings.A unified law is needed to regulate the business environment nationwide,such as the regulations on the evaluation of business environment or the administrative measures on the evaluation of business environment The regulation or management method needs to clearly define the basic principles,contents,working mechanism,division of responsibilities and job security of the business environment evaluation.Sixth,the development direction of the rule of law-based economy.In the process of building a law-based country,a law-based government and a law-based society,the law-based economy also faces many challenges brought by economic and social development.Chapter ? is the system sample of the rule of law-based economy:the exploration of the rule of law in the pilot free trade zone.The establishment of pilot free trade zones is to first test a high level of opening up in a specific region.New international economic and trade rules and standards can be first tested,that is,to explore the system samples of economy under the rule of law.First is the economic rule of law in free trade zones and open economies.Three stages of the construction of the free trade zone:the 1.0 era of the development of the free trade zone;Free trade zone development 2.0 era;development of the free trade area in the 3.0 era.Second is the empirical study:analysis on the rule of law construction in the development practice of free trade zones.In accordance with their respective plans and overall positioning,the four FTZS of Shanghai,Guangdong,Tianjin and Fujian have actively explored and innovated in the areas of government functions,investment opening and trade facilitation,thus solving many new problems in the development of the FTZS after the opening up of the markets.Third is the comparative study:analysis of foreign free trade and regulatory legal innovation.China's pilot free trade zone was established with reference to nafta's "negative list" and "pre-establishment national treatment" principles."Country-specific free trade zones" usually need to be established by signing FTAs between different countries.Therefore,when referring to the policies and regulations of the free trade area between countries,it is necessary to start from the FTA signed.Fourth is the development research:exploration on expanding openness and progress of rule of law under the "One Belt And One Road" initiative.First part is the contents of the exploration include:streamlining administration and delegating power,transforming government functions;reform of the investment management system;financial innovation and greater openness;the open policy of the market economy.We will implement plans for economic development with local characteristics.Second part is the main proposals include:advocating trade and investment liberalization and opposing investment protectionism;foreign investment policies will be more open,transparent and stable.Law-based economy will protect the legitimate rights and interests of foreign investors and create a more level playing field.Foreign investors are more involved in the formulation of foreign investment policies.Law-based economy will deepen the reform of the investment management system to meet the needs of the times.Chapter ? is the development direction of the law-based economy.First is the rule of law is the main contradiction between economy and society.The change of major social contradictions has put forward higher requirements for the development of market economy,especially the legal rule system of constructing market economy on the track of rule of law.The construction of socialist market economy with Chinese characteristics bears the requirements of the new era of economic and social transformation and the legalization of market economy.The orderly operation of socialist market economy under the framework of rule of law and legal rules has become an important part of the construction of a country,a government and a society ruled by law.Only by properly handling the relationship between the market and the government and building a sound economic operation framework and mechanism of an interactive mechanism of the rule of law can we better eliminate the contradictions and constraints between the needs of a better life and unbalanced and inadequate development.Second is the development direction of the rule of law-based economy.The rule of law-based economy has become the contemporary proposition of socialism with Chinese characteristics in the new era.The main goal of the rule of law-based economy construction is to guide the positive interaction between market elements and government regulation with the spirit of rule of law under the framework and rules of law.As the basic law of market economy,civil code can effectively promote the rule of law,honesty,transparency and internationalization of socialist market economy.In addition to the negative list of market access,the government cannot restrict or prohibit the business activities of market economy operators without legal restrictions.In order to deal with the relationship between the market and the government correctly,administrative monopoly and market monopoly must be abolished,that is,administrative acts should be carried out through open and fair competitive selection procedures,and oligopoly and duopoly should be abolished in the competition among market subjects.In the modern economic system,state-owned enterprises,rural land and other property rights legal system needs to be updated from the concept and rules.Third is the experience of the rule of law-based economy enlightenment.In the construction of the road of socialist rule of law with Chinese characteristics,the basic idea and institutional practice of the rule of law economy is one of the concrete manifestations of the sinicization of the basic principles of marxism.The rule of law-based economy is an economic and social form in which the market plays a decisive role in the allocation of resources and is based on the rule of law.The experience of transforming from planned economy system to socialist market economy system shows that the system practice of rule of law-based economy needs to have perfect rules of law framework and rules system.The"post-well-off" era means that socialism with Chinese characteristics in the new era needs to solve the challenges brought by the major social contradictions to national governance and economic and social development,that is,to achieve the people's ever-growing need for a better life and effectively solve the problem of unbalanced and inadequate development in the social stage.This thesis draws the following conclusions:The first,as the era of innovation of sinicization of marxism,the socialist market economy with Chinese characteristics and the problem of the relationship between the country under the rule of law,under the rule of law society and government by law,the law construction become the important content of the rule of law-based economy.The rule of law of socialism with Chinese characteristics,the basic idea of rule of law,economic and institutional practice are the manifestation of the sinicization of marxist basic principle.The second,the rule of law-based economy plays a decisive role in the allocation of resources and on the basis of the rule of law rules of economy and society Third,the experience of transforming from planned economy system to socialist market economy system indicates that the system practice of rule of law-based economy needs to have perfect rule of law framework and rule system.Fourth,the exploration of the rule of law in the free trade area provides the Chinese model of the rule of law-based economy from the open perspective. |
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