On The Operating Mechanism Of Economic Law--Dual Game Between Right And Power On The Condition Of Market Economy

As a new branch closely connected with the market economy of socialism, the economic law is very practical and of great functional value. But its great practicability and functional value do not embody themselves in abstract discussion but in their operation in the big background of the market economy. Through the analyzing way of focusing on right and power, the thesis at last reveals the economic law's special institutional function to the country ruled of law. From the perspective of economy, based on the market economy's needs of laws and the economic law especially, through the discussion of overcoming the general-existing market disorder and externalization in the market economy by economic law, partⅠinvestigates the occurrence of the economic law's special operating mechanism from the point of view of economics. And this provides perceptual knowledge for the further discussion of the special operating mechanism and functional value of the economic law. From the point of view of comparison, by invesgating the operating mechanisms of the civil law and the administrative law ,which are closely related with the economic law in the market economy, partⅡ provides a comparable consulting system for part Ⅲ ,the main part of this thesis, to discuss the operating mechanism of the economic law. In this part, the author holds that under most circumstances ,the start and operation of the internal mechanism of the civil law are only decided by the party according to his own benefit; what the civil law should do and can do is just entitling rights and defining duty for the party; in the field of the civil law, the party arranges and realizes his own benefit by legalized rights—the conflicts and struggles of rights. Furthermore, the author puts forward three arguments: the party's benefit is realized by the cooperation of rights; the party's benefit is defended by the struggle between rights; the operating mechanism carries out through the cooperation and struggle of rights and the interaction and balance between civil rights in the civil law field are realized finally. The operating mechanism of the administrative law shows as the interaction and balance between power and right by focusing on controlling power in the field of the administrative law. Part Ⅲ is the core of the thesis. This part analyses the operating situation of right and power in the economic law in the background of market economy through the basic concepts of the game theory. In this part, the author investigates governmental disorder and market disorder existing in the market economy and the economic law's revision for them: interfering government and interfering market. Based on this, the author proposes a productive argument: the revising mechanism of the economic law is the combination of the civil law's and the administrative law's mechanisms. Thus the combining revising effect that can not be achieved only by one law department is corrected to some degree. By the analyzing way of focus on right and power, the author sufficiently exhibits the diversity and the complexity of the relationships between right and power in the market economy. To some degree, the operating situation of the diversity and the complexity also lays a solid inner foundation for the formation of the country ruled of law. Based on the former discussion, the last part of this thesis states the function to the country ruled of law with the carrying out of the economic law's special operating mechanism. The author holds that the dynamic process of the carrying-out of the economic law's special operating mechanism contains the ruled of law concept of economic democracy and economic order, implies the cream of the country ruled of law and is the process of the formation of the country ruled of law.