Legal Research On Actionability Of Macroeconomic Regulation Behaviors

With the fast development of China's market economy, the importance of macro-control law has been drawing more and more attention. However, certainly, many problems emerge in the process of our macro-control operation. The most controversial problem is that whether the macro-control behavior can be actionable, is the most urgent one need to be addressed now.It is essential that Macro-control behavior can be actionable, including its practical basis and theoretical basis. Judicial review of the macro-control behavior will be good for its objectives, checks and balances, legalization and international. Meanwhile, it is possible that macro-control behavior can be actionable. First, the 2nd,5th and 41st of the Constitution provide a constitutional basis for appeal; Second, it also can establish the unconstitutional censorship by the judicial system; Third, it is can improve macroeconomic regulation to have the appeal of the qualification Elements.Essentially, we classify macro-control behavior as we think about implementing macro-control behavior:the specific execution behavior and decision-making behavior and abstract administrative act. Also, we draw on the experience of other countries which must be in consistent with China's national conditions. Although our current traditional "three action" can solve the actions of macro-control specific naturally, is still helpless to solve the decision-making behavior and administrative actions in the abstract. We construct constitutional review as a practical way to judicial review.The final object of macro-control law is that we can bring macro-control behavior to trial. The opinion that macro-control law cannot judge is unreasonable because it is against the basic idea of government by law. Although there are multiple barriers to achieving the justiciability of macro-control law, this should not become a reason for denying the justiciability of macro-control law. Through reforming our current systems and take public interest ligation as a breakthrough, supplemented by means of amicus curiae, we believe we can fulfill the object of macro-control law.