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Methodological Studying On Defining The Regulated Objects Of Economic Law

Posted on:2007-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y R YangFull Text:PDF
GTID:2166360185980723Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The methodology of economic law is the theory about method of studying economical law. On the one hand, it may provide the direction for choice of method of studying economic law; On the other hand, it is an important part of economic law theory may convert mutually with economic law theory under the particular condition. Defining the regulated objects of economic law is an important question in the process of studying economic law must follow the principle of the choice of method of studying economic law. Take a comprehensive view of theories about method of the regulated objects of economic law in our country, by analyzing abstractly and ruminating over the practice of choice of method of defining the regulated objects of economic law, three special method namely analyzing from the policy angle, analyzing from the subject dimension, analyzing from the time dimension have been gotten. The doctrine of the increment benefit relations is the syntheses of above three methods and is the crystal from the process of above three methods being applied in the practice. Analyzing from the time dimension is the original method and the most effective method of the doctrine of the increment benefit relations. Analyzing from the time dimension, the doctrine of the increment benefit relations has grasped the qualitative change of the characteristic of the quantity in the social material benefit relations in the process of transformation of production mode, discovered a new economical relations namely the increment benefit relations come into being along with the transformation of social production mode in the social material benefit relations. Through grasping the intrinsic economic efficiency characteristic and the characteristic of requiring the national coordination carried by the phrase the increment benefit relations, we can discover the contact among the multitudinous doctrine about the regulate objects which defining the regulated objects with deferent method in the economic law theory field. At the same time, the method from the time dimension has urged the economic law to be distinguished with the tradition department of law. But it is a pity that it didn't thoroughly apply the method analyzing from the time dimension yet and didn't prove how to distinguish the difference between economic law and other modern department of lawWe can perfect the method of defining the regulated objects in three aspects: First, further analyzing with the method from the spatial dimension to establish the contact between space and time about the regulated objects from the method. Next, applying the method analyzing from the time dimension further to distinguish economic law with other modern department of law; Finally, the doctrine of the increment benefit relations and the other theories about the regulated objects are still rest on the hypothesis stage, and still need to be validated with the Marxist philosophy method. Hereby, applying the methods from the policy angle, from the subject dimension, from the time dimension and from the spatial dimension synthetically to define the regulated objects of economic law, namely from analyzing with the existing plane thinking methods from a certain angle turning to analyzing synthetically with the tridimensional method system from many angles. From the inherent contact of the structure among above four methods we can get the method system about defining the regulated objects of economic law, namely the method system that under the economic policy background decided by economic basis, take subject as center, analyze social relation further from time dimension and the space dimension respectively.
Keywords/Search Tags:Doctrine of the Increment Benefit Relations, Regulated Objects of Economic Law, Juridical Method, Method of Studying Economic Law
PDF Full Text Request
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