On The Basis Of Economic Law

The so-called economic law is the collective term for rules and regulations of overall important and social public economic relations which are needed to be intervened by the state in order to maintain social public interest under the condition of the socialization of modern economy. The basis of economic law is the root, the historical inevitability or the ecological environment of the formation and development of economic law. Therefore, the research on the basic theories of economic law is based on the research on the basis of the economic law. Instructed by dialectical materialism and historical materialism, this thesis makes an interdisciplinary research on the basis of economic law using the methodology of economics, politics, jurisprudence, history and the comparative way. The content mainly consists of three parts: the economic basis, the political basis and the juristic basis of economic law.The first part discusses the economic basis of economic law in the view of the world economic history on the level of economic philosophy by the means of the investigation of the interaction between the productivity and the productive relations, the economic forms and the legal system, and the analysis of the relation and the interference of world economy between the west and the east. With the brief investigation of the history of world economy and the history of economic legal system, we can find that the evolution from the dictatorial law of economy to the autonomous law of economy (the civil law) and to the modern economic law, the economic legal system of human society has experienced three stages of "affirmation—denial—denial of the denial". The modern economic law germinated along with the formation of socialized economy, and prospered with the great development of modern socialized economy, and finally developed into an important branch of law. The inevitability and reasonability for it is that it can solve or lessen the problems caused or intensified by the socialized economy. Thus, the more profound economic basis for modern economic law is socialized economy rather than "the failure of market".The second part discusses the political basis (politic ecological environment) of the formation and development of economic law on the level of political philosophy. Withthe brief investigation of the world political history and the deep analysis of the close relation between the economic law and the constitutional government system, we can conclude that it is impossible to have the modern economic law in the time of dictatorial politics. Either does in the time of politics of rights in which the role of government is strictly limited because of the denial of feudal dictatorial politics and the absolute individualism and liberalism prevailed in the capitalist countries. Only in the time of modern politics of public good, under the instruction of the political ideological trend of institutionalism and interventionism, the affirmation of modern constitution as well as the procedural regulations and protection given by modern administrative law, is the economic law well developed and prospering with days. What's more, the development of economic law also propelled the evolution and transformation of modern constitution and administrative law. Thus, the politics of public good, i.e. the new modern democratic constitutionalism is the political basis of the economic law. It is greatly limited for the economic law to rectify "the failure of government", because the modern government enjoys a large amount of economic legislative power and a great number of economic law are made by the government. It isn't adequately persuasive regarding "the failure of government" as the reason and basis of the formation and development of the economic law.The third part, on the level of jurisprudence and legal philosophy, with the brief investigation of legal history, inquires about the historical evolution rule of legal system and that of dialectical relation of right and duty, two core categories of legal regulation as well as the basic contradiction of legal philosophy, then finds out the underlying reason of the formation and development of economic law, and makes clear its historical status and historical destiny. As a historical category, the law has its own objective rule of the evolution from the non-existence of the law to the existence of the law and then to withering away;the legal system has the objective rule of the evolution from the time of state-orientation to the time of individual-orientation and then to the time of society-orientation;and the core categories of legal regulations have objective rule of the evolution from "the absolute opposition of right and duty" to "relative opposition of right and duty" and to "the integration of right and duty". After three dialectical evolutional stages of "affirmation—denial—denial of the denial", the law finally returns to the society. The juristic basis of economic law lies in the society-orientation trend of legalsystem and the integration trend of right and duty. Taking economic law as the main body, the society-orientation law is influencing and transforming traditional legal branches by its radiation effect, gradually becomes the leader of the whole legal system. Finally the time of society-orientation comes into being, and paves the way for the extinction of the state and the law.Through these analyses, we can conclude that: on the level of philosophy, the economic basis of economic law is modern socialized economy;the political basis is the politics of public good;and the juristic basis is the society-orientation trend of legal system and the integration trend of right and duty. The formation and development of economic law is the necessity for economic development, the inevitability of political development, and also determined by the objective development rule of law itself. With the more solid basis of the politics of public good, the economic law of socialist countries is more promising, while at the same time facing more problems and challenges. Therefore, it needs the joint effect of academic circle and related practitioners.