On Economic Legislation And The Principle Of Sustainable Development

The central work of our country is to develop economy as the past and construct market economy of socialism at present and in a considerable long period in the future. In such kind of situation in order to execute the principle of administering a country by the law and enforce the construction of law must enforce economic legislation and make the economic work have the law to obey. The law construction in our country has achieved remarkable success since the reform and opening policy was carried out. The Chinese socialist law with the constitution at the core has basically come into being. But the problem of the construction of economic law's not keeping up with the necessity of economic development is still serious. Especially our country is at the first-stage of socialism, though to realize the two basic changes of the increase of economy and to execute the principle of sustainable development have been the important agenda. But basically the thinking of "polluting first and ruling later" has deep rooted in the people's mind because of the undeveloped economy. What's more, the legislation system of our country and various benefit problems increase the defect of market economy system. People place quality before quality, the present interests before longnange interests, the economic benefit before environmental benefit, the present development before sustainable development, the partial economic development before the coordinate economic development. The series of problems have not been settled thoroughly. In addition, along with our country's entry into WTO, the economic law with the native characteristics changes towards the system that is consistent with the international practice. Consequently, when holding the market economy as the guiding dunking of economic legislation, we must introduce the sustainable development principle to direct the economy legislation. It will make the economicnot only law accord with the objective rule of market economy, but also reflect the necessity of sustainable development of economy. Therefore, it is essentially important to carry on economic legislation and the research of the system construction under the principle of sustainable development.This thesis has four parts and does a relatively deep research on the problem of economic legislation and the principle of sustainable development. The first part: the outline of the principle of sustainable development and its history. It is the systematic summary of the fundamental conception, essential character, the constitution of the system, the aim it pursuit, and fundamental scientific problem of the principle of sustainable development. The second part: the history of economic development and the influence of the economic legislation. Through the review and summary of the economic development and the idea of economic legislation of Utopian socialism in the 18th and 19th century, the idea of economic development and economic legislation of capitalism period and the economic legislation in modern socialist countries. And it comes to two conclusions. The first is that the economic legislation of any country is carried out under the dominant economic thinking of the country at that time. It also reflects the dominant economic thinking in the law field. The second is that market as an efficient way to develop economy has been recognized in many countries of different social forms. But the limits and the defects of market economy are known to all the countries. It leaves historical necessary place for the establishment of the principle of sustainable development and country's appropriate interference through the law. The third part: the relationship between the aim of economic development and the principle of sustainable development. It discusses the internal relationship between the direct and the ultimate aim of the economic development and the principle of sustainable development. It is mainly reflected in four aspects of economic law: equality,benefit, practice, and system. The fourth part: the practice of eco...