The Legal Regulation Of Government Intervene

The legal research on the government intervention is always focused on what the law should do , however, legal scholars rarely demonstrate how to constrain the government intervention. In the reality, the long-term lack of the legal regulation of government intervention lead to the unclear legal limits of government intervene, and have a more or less negative impact on the efficiency of the market economy. Therefore, how to employ the law and regulate the acts of government intervention has become a difficult problem. Basically, the main reason of this problem is the complication of the acts of government intervenes, and it is hard for the logic abstraction of the traditional legal methods to define the specific acts of government intervention. The emergence of law and economics has being greatly expanded the vision of. legal theory since the 1960s. It introduces the scientific methods of economic analysis to identify the suitable legal elements for quantitative analysis, which not only enhance the operability of the law but also improve the economic efficiency of legal operation. Government intervention on economic analysis of law also attracts more concerns as law and economics becomes more and more popular. In my opinion, it is the right time to change the mind and to use the tool of law and economics to quantify government intervention. Only in that way, can we find the feasible measures for the government intervention.This paper is based on this background. By putting the acts of the government intervention under the analysis of new institutional economics, we analyze the problem from a 'rational man' point, and also start the research from the relationship between the acts of government intervention, property rights and transaction costs. then, we could classify the acts of government intervention ,and see what the difference among the economic efficiency of different types, then we could find the way to make the government intervention sound.Specifically, the article can be divided into four parts: in the first part, we mainly focus on the definition of the government intervention, and clarify the history of government intervention; In the second part, we look seriously at the economic efficiency of the government intervention, pointing out the bad effect on economic efficiency by the direct intervention, then get the point that we should regulate the power of government intervention; In the meanwhile, although the negative impact of indirect government intervention is little , in the long term, the government's actions will affect the market economy. Therefore, we should also constrain the indirect government intervention in a specific context; In the third part, through the economic analysis of government intervention's legal regulation, it is pointed out that government intervention is the need for legal regulation; Last but not the least, on the basis of analysis of economic legislation of our country, it is easy to find the problems of our economic law.Then,we should build a three-dimension institutional framework which is proposed by the construction of the "market - government - law", set a goal on the government intervention, constrain its power, and improve the legal system related to it on the legal supervision system. To summarize, only through the legal regulation of the government intervention, can it give an effective run of government intervention, make our government mediate market transactions, balance the interests between the public and the individual, and ensure the legal effect of government intervention in decision-making.