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The Independence Of Economic Law Responsibility And The Responsibility Of Independent Economic Law

Posted on:2006-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:S L CaoFull Text:PDF
GTID:2166360152495203Subject:Economic Law
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The responsibility of economic law is one of the basic categories of the basic theory of economic law science. If the theory of economic law is movmg to maturity constantly, it must have its own responsibility theories. Otherwise, it will influence the further development and ripe of the theory economic law, cause the theory of economic law not to be self - sustaining; Influence the constructing and perverting of the whole legal liability system too, and then influence the socialist legal construction. But the study on economic law responsibility lacks the systematicness, globality and logical at the present stage. The economic law should use the advanced experience of the legal liability theory of law of other departments for reference, merge the chrematistic of the economic law itself, carry on system innovation to economic law responsibility according to the economic legal system demand strictly, build and construct a kind of independent new- type economic legal liability system.In order to fully prove the independence of economic law responsibility, we must understand the intension of the economic law with independent responsibility accurately in an all-round way. First, analyses the intension of the economic law with independent responsibility from the vertical and two horizontal trains of thought, secondly, distinguish independent responsibility and unique responsibility, point out responsibility of economic law is made up of unique responsibility and compete responsibility route that shares with others. Moreover, through the dialogue, discussion and introspection and self-criticism of the comprehensive responsibility theory" to" denying and saying", we can draw the independence of economic law responsibility hastwo meaning.â‘  Objective reality in whole responsibility system of economic law responsibility.â‘¡ whether existing economic law responsibility has independence. Finally, prove the independent reasons of economic law responsibility from horizontal and two vertical respects especially. Vertical to evolve from the four angles: law development history, general logic of law science , economic development, social ,base , etc. to prove objective reality nature of economic law . the crosswise is from the legal relation of economic law adjustment mainly, subject status, economic law subject of legal relation bear source, realization route etc. four respects of legal liability, responsibility of basis is it prove independence of economic law to come. The independence of economic law responsibility is that our country meets the new form and standardizes the market economy order, the economic law functions in the legal system of law of independent department .It can be found out from the independence of economic law responsibility that the responsibility of economic law is a kind of independent responsibility, so independent economic law responsibility should have its own characteristics, responsibility principle, form such contents as important document, criteria for classification and concrete display form, etc. etc as other legal liability.The characteristic of economic law responsibility should be discussed from purpose, structure, function, and form so as to prove economic law responsibility and traditional legal liability and compare the individual characteristics different form traditional legal liability. Studied from the angle of cost compensation, the foundation of economic law responsibility are private cost and social cost produced in the economic activity. Studied from the angle of responsibility principle, civil liability and administrative responsibility lay particular emphasis on fault responsibility, while economic...
Keywords/Search Tags:legal liability, responsibility of economic law, independence of economic law responsibility, the economic law responsibility of independence
PDF Full Text Request
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