The Study On The Eonomic Duties Of Government

Role responsibility is the proper meaning of responsibility and the cornerstone of legal liability. Therefore, the government's role is the foundation of building the theory of government's responsibility in economic law.At present,government intervene in social and economic life, though it already recognized as the world economic law and practices for the national government,the government's role in economic law is still undecided.â… stood in the perspective of historical analysis,and start from the generation and nature of economic law to research,assuming our government's role in the economic law is to contributed to the overall economic interests. And that laid the foundation of investigating government's economic law responsibility.Government's economic authority is the basis for intervention in social and economic life. Economic authority but also the economic responsibility,and that responsibility arising from breaching the duties. Therefore, I define responsibility of government in economic law as:government shall take the adverse consequences of the law for breaching its duties.This definition is aimed at correcting the neglect in current academic circles of "the government's responsibility of economic law is the government's role responsibility.",and to achieve an organic unity between the government's role responsibility and statutory responsibility. Based on the facilitator's role of overall social interests, government's responsibility in economic law is a role responsibility, actively responsibility, social responsibility and legal liability.The facilitator's role of government decide that government's economic law responsibility is fundamentally different from the responsibility in civil law and administrative law,including the aspects of purpose,nature,elements,and form of responsibility,and principles.For examples,on the purpose of responsibility, government's economic law responsibility for most is mandatory,the civil responsibility is the compensation,and the administrative responsibility is punishment;on the nature of responsibility, the nature of government's economic law responsibility is both public and private,civil responsibility is private nature,and the administrative responsibility is nature of public law;on the elements of responsibility, the Government's economic law take it as necessary elements that damage or threat of injuring the overall social economic interests,civil liability and administrative responsibilities are to follow the traditional "four elements" constitute,and so on.The facilitator's role of government decide specificity of Elements of government's economic law responsibility.Government's economic responsibility lies on promoting economic interests of society as a whole,and constitutes of government's economic law responsibility should follow this logic.That's to say government should be facilitator to improving overall economic interests.If the overall economic interests get threat of damage or damage, government should assume the responsibility of economic law. Therefore, the facilitator's role of government determines the composition of government's economic law responsibility. The government's economic offenses, subjective fault,and causation are not necessary to constitute the elements. The consequences of the damage, that is, the overall economic interests getting threat of damage or damage,is the objective criteria to determine responsibility.The facilitator's role of government determine punitive form of government responsibility has important position.Government's responsibility forms varies with it's violation activity form.In particular, for nonfeasance,the forms including:the actual performance, withdraw, change, re-made modulation,limit or deprive eligible; for misconducting,the form including:revocation, change or re-made modulation, or the government's economic policy mistakes compensation and legislative compensation; form to the government's economic offenses including:resignation,dismissal, restrict or deprive related modulation of qualification, revocation, change or re-made modulation, punitive compensation; forms against the legitimate government acts.:financial compensation within the statutory,and political responsibilities."No relief is not right." As particularity of government's economic law responsibility, the traditional liability-- judicial responsibility in government's economic law responsibility is unwieldy. To implement government's economic law responsibility, and prompting government to play a good facilitator role, I introduce accountability into government's responsibility for economic law. Through establishing regular government's statutory role, systematic monitoring mechanism and independent commonweal litigation system..