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Study On Responsibility Of Economical Law

Posted on:2012-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:X B SongFull Text:PDF
GTID:2166330335969175Subject:Law
Abstract/Summary:PDF Full Text Request
Law responsibility is an important component of economic law system, law Schools on the basic theory of economic law made a more in-depth study on, and achieved excellent results, in a lot of consensus on the issue. For example, responsibility law in the form of a "law responsibility" and "responsibility for his law," the dual property, and the economic law of "social law" some of the properties, that the social nature of economic law. Therefore, law liability of, often with a social color; It is mainly to promote the overall efficiency of economic operation, to ensure social fairness and justice and public interest objectives.Economic law is state intervention and coordination of economic operation of law, the value of its main goals is to overcome market failure and government failure to bring the disorder. Of economic law liability has important theoretical and practical significance. First, the economic law as a separate legal department, there must be a complete theoretical system, which is essential for economic law responsibility an integral part of the. Civil criminal law as the basic law, has a special section of the liability and legal responsibility for its research has a very in-depth and comprehensive, these studies on their legislation also played a role in promoting and improving. Therefore, the study of economic law liability has important theoretical significance. Secondly, in order to better achieve the objectives of economic law to maintain the needs of the public interest, but also provide the corresponding legal responsibility. Otherwise, the "only method is inadequate on its own", well-established law must be sound and complete. Therefore, the responsibility of the Law-depth study and exploration, but also has positive and practical significance.The first part is to make a definition of the concept of economic law, economic law clear responsibility and economic responsibility and financial liability for the difference and sum up the characteristics of economic law responsibility. On this basis, leads to the responsibility of the significance of economic law, writing for the next step to lay the basis of reality and theory.The second part is to analyze the main responsibility rests primarily with the economic law, subjective fault, illegal behavior, there is damage to the facts of the violations and the damage that the fact that a causal link between the five components; and discusses the three rules of economic law principles of liability. This article focuses on the three principles of fair liability principle, the principle of fairness is the responsibility of economic law scholars important results, which meet the needs of the social value of economic law, and legal practice, this theory to analyze its importance in And scientific.The third part is described in points, from seven different aspects of the responsibility to introduce the types of economic law, the focus is different from the form of liability is different; This paper summarizes the violation of economic law, should bear the main responsibility of state compensation, over-compensationactual performance, such as credit reduction, qualification relief, resignation, and economic responsibilities of eight forms of the constitution.The fourth part is the focus of this article, the purpose of writing this paper is to study economic law liability system deficiencies, to find the path to improve the responsibility system of economic law. I mainly from the legislative, judicial law enforcement paper discusses these three aspects, and put forward some feasible measures.With the growing wealth of China's Law legislation and improvement of economic law on many issues, scholars have formed a common understanding, especially in economic law liability "social" and other values, has been accepted by most scholars. These pioneers of the research results, the responsibility for our economic law and economic law-depth study provides the basis of theoretical guidance. However, scholars still have not reached consensus on some issues, such as the responsibility of economic law of "independence" issue, in the form of responsibility for problems of economic law, there is controversy, which is why we need further research and study the causes and motivation.
Keywords/Search Tags:economy law, responsibility of economy law, principle of responsibility, responsible form, Perfect path
PDF Full Text Request
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