Research The Role Of The State In The Body Of Economic Law

Researches on the subject of economic law have made great contributions to the body of knowledge of the economic legal theory. Both approaches of "state (government) - the market" dual model and the "state (government) - social groups - the market" interaction model are all regarded as important theoretical framework in the study of economic law. The idea of "market failures, state intervention" is taken for granted in the analysis of the status of state in economic law and. Though this idea provides legitimacy to the interventions of state on market on the purpose of solving market failures, it is still difficult to give a perfect answer the state's appropriate role in economic law. On the one hand, it is difficult to clarify the differences of the state's role in economic law and that of in administrative law; on the other hand, the intervention boundary of the state's power in the economic law has not been clearly defined. Therefore, the responsibility of state in the theoretical field of economic law is not clear. As argued in the current study that states should clarify its role in economic law, and the positioning of this role should depend on the specific social relations on which state intends to intervene, rather than the properties of state itself. If we failed to define a reasonable state's role in economic law, logical confusions about the theory of subject in economic law and conflicts between legal departments system would be brought in. Meanwhile, as the state is the main body of economic law, we should define the state's rights, obligations and responsibilities. Therefore, positioning the state's role in the economic law correctly would make great contributions both theoretically and practically.Firstly, this study will introduce the concept of subject of economic law and deeply discuss the characteristics of the state's role in the economic law, find the main reasons which result in a wrong role of state locating in economic law circle in china. Secondly, this study presents a situation of state's power and power allocation in the theoretical context of economic law. Using an existing fact that economic law responsibility of state is not clear enough to show that it's necessary to locate the role of state in economic law appropriately. Through the introduction of the concept of cooperation contract and its property analysis, the concept of cooperation contract in harmony with the study about subject in the economic law is presented in this study. Under the guidance of the concept of cooperation contract, the author defines a scientific orientation for the role of state in economic law. Finally, this study illustrates the theoretical significance of using the concept of cooperation contract to locate the subject role of state in economic law. Therefore, the current study would make significant theoretical contributions to the body of knowledge of the economic law.