Theory Of Economic Laws And Regulations For Government Intervention In The Economic Behaviour

This article analyses relations between the government and the market as a foundational question of economic rules and regulations. The phenomenon which the market malfunctions causes the government to intervene the economy to become the necessity, but the government intervenes also exists malfunctions. Therefore the economic rules and regulations also must intervene the government, promulgates the government to intervene the economical the rationality: intervening the standard of the government behavior and analyzing the behavior as an important task of economic rules and regulations, may prove the government to intervene the economical the validity;Based on above analysis of the economic rules and regulations stratification plane, the principle of "limited economical authority and full market right" may be determined. And also "the right, the behavior and the responsibility" legal structure may be constructed.This article is divided into four parts;it discusses economic rules and regulations on the government's intervened economic behavior.Part One: Economic rules and regulations in market economy localization. This essay expounds the localization of economic rules and regulations in the market economy in terms of two big aspects- basis and status, duty and goal from which the economic rules and regulations are elaborated. It also expounds theory basis and realistic foundation from which the economic rules and regulations have been established through three aspects: the market flaw serious existence in the China economic life is the Chinese economic rules and regulations theory basis;the government malfunctions in China's reality occurs is the Chinese economic rules and regulations argument basis;and the market of imperfection is the realistic foundation to determine the realistic duty of economic rules and regulations in our country.This part clarifies the pivotal status of economic rules and regulations by analyzing functional limitations of the civil commercial law and the administrative law in market economy aspect and the important mission that the Chinese economic rules and regulations take on. The duties of economic rules and regulations manifests with emphasis in several big aspects - the protection free competition, the protecting themarket economy main body and the confirmation macroscopic economy management rule. And its goal is to realize the balance between the efficiency and the equality as well as the balance between the restraining market and the restraining government.Part Two: The moderation and the standard of which the government economic activities intervenes. On the one hand, the article analyses the inevitability of government economic activities intervenes, simultaneously also must take its moderation;On the other hand, it analyses the reason and the validity the economic rules and regulations standard in which the government intervenes the economic activities. It is easy to appear the phenomenon of the shed public interest to government apparatus interior personal gain in the government intervene process. It is also easy to cause the government intrinsic scale and the function expansion, the government intervenes lacks effective is standard and the strict surveillance, the government decision-making fault reduces the government to intervene economical aspect and so on normal ability causes the economic rules and regulations to have the standard government to intervene the economical the behavior, but the laws of economics provided the validity for the balance economical authority and the market right, the law have needed to establish to this two balance are one kind of authority and the right can mutually for the restriction government by law structure, but was not the authority control right inclines the authority relations.Part Three: The consummation of the economic rules and regulations and the rules and regulations of the government the economic activities intervenes in our country. Firstly, this part analyzes the flaws of the present economic rules and regulations system in our country mainly by displaying in following several aspects: First, the present economic rules and regulations lack the binding force to the government function. Government's in economic activity authority, the duty and the responsibility symmetry, is not balanced;Second, in standard market economy order aspect, market rules and regulations legal system existence flaw. Third, the present economic rules and regulations are entrusting with the government the macroeconomic regulation and control and the promotion economic society full scale development function aspect are very imperfect. Below therefore, realizes the government accurate localization and the government function government by law in the economic rules and regulations must consummate the key aspect: First, perfect government and enterprise, government and social intermediate level main body relations legislation;Second, adjusts our countrymarket gauge facture legislation the guiding principle, perfect market rules and regulations legal liability system and authority system;Third, formulation unification reasonable society datum law;Fourth, strengthens the national male authority in the legislation to make up "the market to malfunction" the aspect superiority;Fifth, the substantial social security legislation, the promotion society fair and is harmonious;Sixth, we should set up the public welfare lawsuit system as soon as possible, perfect social benefit lawsuit safeguard mechanism. Next, this part analyses how the economic rules and regulations in our country effectively regulate the government economic activities intervenes, manifested in following five parts: clarify the main body status of the government economic activities intervenes;regular the standard and the authority of the government economical intervenes in the field;establish the behavior order of the government economical intervenes;standardize the degree principle of government economical intervenes and strengthen the legal liability of the government economical to intervenes. The economic rules and regulations on the one hand, confirm the government obtains the important main body qualifications in the intervention economy, on the other hand request government in intervention economic activities correct localization, if the government surpasses this authority in the field, abuse of authority, then must undertake the responsibility;Intervenes the economical from the abstract angle government the authority to divide into the policy-making power, the execution and the supervisory authority, the dispute disposition, the certain punishment power, intervenes the economical from the concrete angle government the authority to manifest is formulating national economy aspect and so on development plan, financial policy, monetary policy and industrial policy, social security, market management;The modern economical legislation specifically changes into the right procedure spirit such as the plan establishment system, the government instructs aspect and so on price and government fixed price formulation system;From the government to the market the intervention degree said excessively many cannot the too few, must follow the market for the standard principle and the government is the auxiliary principle;The legal liability including the government people in charge and the law enforcement personnel which government's legal liability which should undertake the legal liability and govemment itself should undertake, the economic rules and regulations establishment to the government illegal surmounting authority responsibility investigates the system.Part Four: Conclusion. In the economical domain, we should profit from common experience of the establishment in the west liberalism laws of economic development foundation government by law. But we must pay great attention to the exploration to suit the China market economy actual situation the economic rules and regulations system and summarizes and abstracts the theory of the Chinese economic rules and regulations. Looking from the national condition in our country, we cannot simply regard as the economic rules and regulations "the state intervention economy law", but should be the law of the standard state intervention social economy, we must both bestow on the government suitable intervention regulation power and prevent the government right abuses through to the domestic and foreign legislations and the judicial practice research, this article intervenes as to the economic rules and regulations to the standard government the economic activities the related question slightly to express the humble opinion, intervenes the economic activities by the time government to be more effective, to have the foreword, conforms to the government by the request of law.