On The Relation Between Economic Law And Models Of Rule Of Law

Market economy is democratic economy ruled by law. Economy ruled by law demands that we should strengthen the construction of economic rule of law and the construction of economic law. A lot of scholars and governors have paid attention to it these years. The relationship between the basic theories of the essence and the basic principles of economic law and the models of rule of law is probed in this dissertation to devote myself to the development of jurisprudence and the construction of our country under the rule of law.In this dissertation it is claimed that economic law is the leading law which plays the role of safeguarding the market economy. A new definition of the basic principle of economic law is given that the basic principle of economic law is the basic particular essential spirit and pursued value as well as the general guiding though and basic criterion of the theoretic research on economic law and the practices of economic rule of law. The establishing criteria of the basic principle are constitutional, special, universal and systematic. The basic principles are economic legality, economic equilibrium and economic development. The principle of economic legality is mainly regard to the economic legal relation. It can be divided into the legality ofeconomic subjects, the legality of economic limits of authority and the legality of economic objects. The principle of economic equilibrium is mainly regard to the economic process. It embodies the essential spirit and pursued value of economic law. All the subjects of economic law should abide by it completely. The principle of economic equilibrium can be divided into the regulation of market equilibrium, macro-regulation equilibrium and social distribution equilibrium. The principle of economic development is mainly regard to the results of economic target. It also embodies the essential spirit and pursued value of economic law. It can be divided into economic sustainable development, economic efficient development and economic democratic development.In this dissertation some theories on rule of law are introduced. A new understanding of the model of rule of law is that the models of rule of law including generating model of rule of law, promoting model of rule of law, accomplishing model of rule of law according to its social foundation, sources of the motive power and accomplishing approaches. This classification is very significant to the study on rule of law. One of the laws plays the leading role in the process of rule of law. The criminal law played the leading role in the pre-capitalism society. The civil law played the leading role in the free-capitalism society. In the monopoly capitalism society is a leading transition from civil law to economic law. In the socialism society the economic law plays the leading role.In this dissertation the relationship between the economic law and the accomplishing model of rule of law is emphatically explicated. The accomplishing models include legislative model, administrative model and judicial model. As to legislative model the development of the economic law promotes refreshment of legislative notion, the regulation of legislative system and the development of legislative trends et cetera. As to administrative model the economic law defines the power of the government and stipulates the core contents of the governmental behavior to ensure that the governmental function will be legal, moderate and efficient and that the government develop into government ruled by law, limited government and efficient government. As to judicial model we should set up the public interest economic litigation because of the drawbacks of the three traditional litigation systems.