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New Discussion On Regulating Object Of Economic Law

Posted on:2011-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:X X WangFull Text:PDF
GTID:2166330338976630Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In Chinese law circle, branch law is divided on the basis of adjustment object of law, which is generally regarded as social relations. Under the effect of the theory above, the economic law has been staying in the awkward position because of the query on its independency as a branch law, which consumes plenty of research strength. While the question what the adjustment object of economic law itself is not a false proposition, for the researches on the theories and institutions of economic law should be based on the fundamental theory of jurisprudence and be back to discourse system.Behavior is the start pointing of legal technology in jurisprudential study, and it's also the start pointing at which the adjustment object is identified from the social relations. The object of social relations identified by law is based on the behavior. The status between objects is determined by the factors contacting closely to the behavior, on which the legal instruments are set by law. So the social relations identified as adjustment object are not in one-to-one correspondence with the social relations leaded by the behavior. As a result, the adjustment object is a type of classified social relations, which is identified and abstracted by law. The essence of adjustment object is interest relationship formed by the specific behavior between the social subjects.The social relations adjusted by economic law are caused by the diseconomy of self-interest behavior performed by market participants and role dislocation or bounded rationality of government as market regulator. The characteristics of economic law include behavior diseconomy, the essential inequality between subjects, being restricted to economic principles. The adjustment object of economic law has difference between civil law and administrative law in behavior, subject and structure of right and obligation aspects in essence. the content screened and arrangement system of economic law should be based on the adjustment object.
Keywords/Search Tags:Economic Law, Adjustment Object, Behavior, Declaration of Will, Diseconomy, Branch Law
PDF Full Text Request
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