Fundamental Study On Subject Of Macro-Control Law

Carries on macro-control is the basic economical function of modern country. The key of guarantee the national macro-control standardization and institution lies in the complete macro-control law. And the construction of legal system needs the theory on macro-control law, especially the theory on subject of legal relationship, as instruction.Including the macro-control law, both branch law and sub-branch law's subject theory should take the theory on subject of legal relationship in basic theory of law as a foundation. However, because the existing theory on subject of legal relationship pay all it's attention to the legal relationship itself and disregards the need of understanding of social roots of the subject in legal relationship, our understanding on social root about the subject of legal relationship unavoidably limited. Therefore, when we do some new ponder on theory on subject of legal relationship by trying to find out the attribute of social origin in subject of legal relationship, we can discover that, nearly all social entity can become the subject of legal relationship in different branch law and sub-branch law. These social entities may concisely divide into two kinds: human and human's organization. Speaking of the macro-control law, as the sub-branch law of economic law, its subject of legal relationship may divide into two groups: the regulatory and the recipients, these two kinds of groups correspond mutually and have respective composition department (concrete shape) as well, their respective legal characteristic is also obvious. Through the comparison between the regulatory with administrative subject, the recipients with administrative relative person separately, we can find out that: although there are many similarities between the subject of macro-control law and the subject of administrative law, the subject of macro-control law has its uniquely "individuality" just as new subject attribute and new relationship reciprocal both in the term of external performance and in the term of intrinsic essence.As far as the subject attribute be concerned, the regulatory in macro-control law is not merely the regulator of national economy, meanwhile, it can be defined as "the economic state" and the subject of "reconsidering" labor; and the recipients in macro-control law is not only the passively accepts, but also the participant of national macro-control, meanwhile, they can exert many influences on the national macro-control through their own market behavior in certain degree. As far as the relationship reciprocal be concerned, between the regulatory and the recipients in macro-control law, is not merely the relationship of driving regulation and passively accepts the regulation, but also the relationship of game under the environment of market economy. In the environment of market economy which two subject coexistences, they are independent each other, adjusts and adapts mutually.