The Consideration Of The Structure Of Economic Administrative Law Which Can Economize Transaction Costs

This article discusses the construction of economic administrative law from the aspect of economizing transaction costs and enhancing transaction efficiency. In order to achieving the system goal, there are five portions to expound how to construct the balance system structure by designing the system. The main point of the article is that, on the basis of proper design of the mechanism of administrative law, equilibriumic economic administrative law construction raised from multi-parts game will be helpful to decrease information dissymmetry and restrict administrative opportunism as well as market opportunism and therefore achieve the system target of best conformity, minimize transaction costs and maximize market efficiency. First of all, we give the purpose and significance of the disquisition. Economizing transaction costs and enhancing transaction efficiency by design of the mechanism of administrative law are the core problem the article, whose settlement is important to the fate of market economic and the economic developing of the state and society. It has great theory value and practice meaning. Then, we give the actuality and direction of the problem in the academic environment. We point out that there are many scholars studying and researching the problem in the field of the administrative law, but the effective research of economic administrative law is about to evolve adequately, which is eager to be given the attention and research by the administrative law scholars. By this way, we can prevent and punish market opportunism, advance specialization, coordinate the market order effectively and enhance transaction efficiency. We grope for function and structure of the economic administrative law in the second portion of the article. Firstly, by the compare analysis of the function of the economic administration and the civil action in the aspect of economizing transaction costs, we get the basic conclusion that economic administrative law that affirms property rights and economic administration structure can economize transaction total costs, but not the civil and commercial law that affirms property rights and its structure. Secondly, judicature examination restricts and corrects administration opportunism, so that assures the realization of system goal. Economic administration itself is forming the phase of coexisting of state administration and commonality administration. After the legislation right and judicature, administration right that is given priority to economic administration is the focus of the part right structure gradually. In the aspect of the law structure, we research the character of the structure of economic administrative law mostly, which is explained from the following three ways: the general fitness, the main body's initiative, difference and self-identity of the system structure. Only by this method, can we probe into deep the system structure of economic administrative law. We discuss the balance of the property rights and economic administration structure in the third portion of the article. The balance of the economic administration law structure represents a non-symmetry balance in the appearance, so that it is different from the symmetry balance between property right and property right in civil commercial law completely. As a response model law, the balance of the system structure accepts the initiative main body and the system structure's rigidity, which realize the balance of thesystem's supply and demand. In the structure of the balance system, the benefit distribution of the main body matches the each other's argy-bargy's ability, so that the system structure is identified with at large and it is the collectivity equality of the law position among the main bodies actually. Corresponding the biggest exertion of the main body's initiative and the full each other's act among the initiative main bodies, the balance of the structure embodies not only the best scheme of the main body's intellectual resource, but also the best scheme of the economic administration resource and other society resource. The system goal the economic administrative law makes the market standardization by the normative economic administration, thus can get the effect of giving attention to commonweal and private benefit. The fourth portion shows the parameters (variables) in the mechanism design of the structure balance. These parameters consist of three aspects: society structure's restriction to mechanism design, the presupposition of the main body's action and the goal of the system. Society structure's restriction is explained from the following six aspects: the region difference of the materials resource, dividing the work and the level of specialization, information, the structure of property right and economic administration right, the variety of market bargaining and the variety of market opportunistic. The main body has four presuppositions, which are in favor of our analyzing problems and insure the realization of the system goal. As the economic administration law's mechanism design, we can make sure a proper system goal by the means of eliminating the difference of time, region or department and main body. The best way requires not only considering the relation of several goals, but also offering enough attraction to make all main bodies take part in law course.