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On The Juristical Analysis Of The Legal Right In The Economic Law

Posted on:2005-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:F R PengFull Text:PDF
GTID:2156360125469334Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Legal right is not only the core of the legal system, but also the center of the branch law. No right no remedy. The economic law is unable to avoid this question. To research the economic law rights is very necessary, trying and challenging too. It should obtain the academy to support. The logic prerequisite of research in this text is that it constructs to be one independent law system in economic law to build. The studying route of the continental law system limits my thinking to make the choice of the theory in the numerously and complicatedly regulative object of the economic law. I'm for the "increment interest-relation theory", regarding it as the starting point to discuss. The article discusses the economic law right relevant to the rational issues mainly. The objectivity of the economic law right solves that there is a right question in the economic law system, and this involves a higher aspect, namely the introspection of the right philosophy itself. My conclusion is: The economic law right is formed by economic right and economic power, The economic right can be divided into the sub right categories, such as the property right, the workforce right and the right of economic freedom, etc. The economic power means mainly here that the power of the economic modulation. It is formed by the power of the market regulation and the power of the macro-adjustment and control. The justification of the economic law right is expounded: why does the country hold the power of the economic modulation on the morality and justice, why does the market subject accept the power of the economic modulation and hold the economic freedom and the economic right. If this problem is solved, people can comply with the economic law and alleviate the tense relation among country and market, government and market subject. The legitimacy of the economic law on the proper basis ensures people's economic freedom and right, and set up to the constitutional frame and border to modulate the government. This is a key content of the contemporarily economic constitution, too. Finally, from the analyses on the above-mentioned legal principle I sketch the contours of the simple model of the right structure of the economic law.
Keywords/Search Tags:Economic law right, Economic right, Economic power, Right of economic freedom, Power of economic modulation
PDF Full Text Request
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