The Subject Of Estimating Of Value That Start The National Intervention

Economic law is a kind of law that government to intervention national economic,Appropriate intervention in the economy,economic law which accurately determine the value judgments of state intervention has great practical significance to the application of the economic law. With the development of marketization, intervention" level" has become a key of state intervention in economic life.In order to accurately figure out the intervention" level", the time, the place and the reason to make the state intervention make up the first peoblem need to be solved, which certainly means that there exist a positive value judgments subject in logic. In terms of the theory on subject of economic law, which contains from the transplantation of legal theory to the innovation of legal system, the research on the subject of economic law has gradually formed its unique subject theory and system construction. There are so many articles about subject theory on economic law in our country(including 1 doctoral dissertation,5 master theses and about 90 journal articles),but we are lacking in the resarch on the subject of value judgments in state intervention still.The Theory of Necessity of the State Intervention as the mainstream theory of economic law, which is well known by its sophisticated words structure and extendible implications. The concept of economic law in The Theory of Necessity of the State Intervention reveals the logical necessity of value judgments in making the state intervention, and to do the further research on the subject of value judgments in making the state intervention is to follow a logical train of thought. This monograph consists of four chapters.The first part is in need of state intervention in the Law Theory in the definition of linguistic analysis. This part of the process of reading through a word understand the need of state intervention in the view of the profound meaning of the definition of economic law, and for the extraction of verb forms like the center pulled out of the trunk requires state intervention outlined in the law theory in the definition of the grammatical structure, for the following need to reveal the value judgments of state intervention was launched to provide the logical background of the main support.The second part reveals the need for state intervention in the View of Economic law of the hidden core of the definition of that value judgments need for state intervention initiated by the principal. The first part of the grooming needs of inherited state intervention in the view of law defines the grammatical structure, can clearly observe that the value judgments of the subject.The first part of the motivation to initiate consideration of state intervention. Economic law and initiated the start of the raw power of state intervention, is that the grammatical structure of law launched to judge the value of state intervention in a subject does not meet the state - the dual market and government failure to break the equilibrium distribution of social benefits so that the main interests, the main dissatisfaction with this, the demands of interest to make a difference to revert to a balanced state of self-interest of preservation. Then to Aristotle, "four causes" as the analysis approach reveals the value judgments of state intervention initiated by the principal as the four for the key position of connection points. State intervention was launched in outline the main contours of value judgments, we further uncovering the meaning of the value judgments of the main fill. With a seemingly legal uncertainty has not initiated the concept of value judgments subject state intervention to summarize, according to their similarities to pass on directly, before the economic law of value judgments subject that the interests of the legal relationship in the economy.The third part is the theory launched by counterbalance the power to judge the value of state intervention to reshape the body. By Galbraith, another important point that dual system of the concept of the foundation, to correct abnormal binary distribution of economic power to make it revert to the pattern of such disorders is to solve all economic means, and the specific strategy is to develop one of the binary system of the counterweight to the planning system, while the counterweight was initiated to determine the value of state intervention in the proper meaning of the subject. Dualism system including the market system and planning system two plates, two plates of this specific performance of economic entities in the monopoly company decision-making body, the ordinary employees of monopoly, the SME owners, SME ordinary employees, the SME industry associations, consumer, consumer protection organizations.Market system within the opposition between the main plate, it is "countervailing power."The fourth part is the form of state intervention of the softening trend. Economic law in the twists and turns, constantly updating and debugging the best of their own positioning and development. Law is not a rigid system for the trial through the use of formal legal act to be the typical operation of law. Law in the sense of forms of state intervention has become the trend of softening, this softening in form, not the function of softening. Corresponding, active judicial practical operation of economic law has also become possible picture. Tencent Vs. 360 through empirical analysis of the case shows us how specific cases of economic law from the law initiated by the body pulled out of the subject to judge the value of state intervention, demonstrate why the subject of the value judgments of specific cases as an entry point for a legal relationship advantage of specific cases of economic law for the manner and intensity of intervention should be how to make the following questions.