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Legal Structure Of The Barriers Between The Regions

Posted on:2006-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:H W AnFull Text:PDF
GTID:2166360155454155Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Barriers between the regions whether one competition illegal act lawforbid, but remain incessant after repeated prohibition, and the ascendant trendappears to a certain extent. Local government or its affiliated departmentutilize administrative power in the hand to intervene local economicaloperation, set up the freedom of destroying the goods and resource of variouskinds of economic barriers and circulate artificially. The barriers between theregions are that the local power lose Fan, the combinations of power andinterests caused. Not only there is deep system leftover problem while formingin it, but also some places not perfect where market economic systems set upperiod caused together.Chapter one made the summing up explanation to the barriers betweenthe regions mainly. Two respects of current situation and danger of includingthe barriers between the regions.At first in section one, the article have introduced the current situations ofthe barriers between the regions and has probed into asserting nature,characteristic and form of expression of the barriers between the regionsthoroughly. Among them the behavior of getting hold of the barriers betweenthe regions is formed from forming and wanting a respect mainly, so that its isdifferent from other illegal competitions behavior concretely. Barriers betweenthe regions display on local government and his functional departmentutilizing administrative power of hand intervene local operation of economy,restrain competition from, in order to achieve the goal of safeguarding localsquare economic benefits. This text continues, the difference of analyzingbarriers between the regions and country's monopolizing, economy andmonopolizing etc. further, in order to reach the concrete classification of thebehavior of clear barriers between the regions. The nature of the barriersbetween the regions is the illegal activities, administrative power and factor ofthe economic benefits that compound. The characteristics of the barriersbetween the regions, mainly and implemented such respects as the range, etc.and stated concretely from subject particularity, means disguise. Secondly insection two the article has probed into the danger of the barriers between theregions, for instance destruction to market economic system and violating etc.to administrative power system. The destruction to economic system of thebarriers between the regions reflects upsetting the resource distributionmechanism, violating the law of value of the goods mainly, it is influencedseriously and form the normal economic order finally. In administrative powersystem, should standardize the administrative power range of the localgovernment to prevent excessive power from expanding. Do the range of theeconomic thing of local government interference out-of-bounds definitely,overcome the influence in such utility factors as the achievements, etc., makethe local government have rational behavior border.Chapter two focus on from angle that interests analysis, governmentorgans and interests, market of subject that involve carry on the theorydiscussion to barriers between the regions. In section one, perspect analyzingto the interests of the local government at first, it is detailed to turn interests,local department interests and whole local interests of government organs ofclique, government of staff member its to be concrete. Individual componentof organization, work to the outside on behalf of organization, individualinterests impact on whole local government of governmental personnel can'tbe ignored. Only limiting the control on local government of the individualinterests, the relation of delimiting the two rationally can solve personalnegative consequence. It is to set up the high-efficient, service typegovernment's choice to separate the interests rationally from the function ofthe local government. In section two, it is analyzed that the interests of themarket main body are formed. Pursue the normal economic behavior that theeconomic benefits are the main body of each market, but because theeconomic system of our country is not perfect, make the main body of somemarkets unable to be in fair competitive position. In front of interests, havechosen any possible means in more market main bodies. Under economicbarrier of barriers between the regions, local market subject willing to enjoyunique economic rule win the extra economic benefits. In section three, carryon the essential norm to the interests in terms of interests change of economicreform. Have different rule to different interests of subject, delimit ownershipof interests status to solve basic demand that interests overflow. Especiallyduring the process of meddling in economic things in the local government, itis the key to solving the interests relatively to separate the interests relationbetween the local government and relevant markets main body.Chapter three carry on the rational system and arrange to the barriersbetween the regions from the construction aspect of the legal system. Sectionone in, in terms of administrative law carry on by essential one structure notlegal about local government. Should define the range of the administrativeauthority of local government, standardize the enforcement of theadministrative behavior of local government in law, can control the legaladministration of local government from administrative power. Behavior ofgovernment that the local government makes only in the legal power range, itis a behavior with legal effect, the law requires the local government to carryon any behavior at the request of procedure law and substantive law strictly.Bear the angle from legal liability finally, implement the illegal responsibilityof local government and member. The discipline function of the law has strongdeterrent force, strengthen investigating that can make any department,personnel think thrice before acting and does not dare to defy the law easily oflegal liability. In section two, have analyzed to the barriers between the regionsin terms of law against competition by inappropriate means. Proposestrengthening the function of the competition law, confused competitive...
Keywords/Search Tags:Structure
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