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About The Adjustment Subject And How To Perfect The Legal Mechanism Of Economic Law

Posted on:2007-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z J WangFull Text:PDF
GTID:2166360212457968Subject:Economic Law
Abstract/Summary:PDF Full Text Request
This topic, the adjustment object of Economic Law, is the basic research area within the scope of the Economic Law system. This paper gave a practical exploration on this topic on the basis of the current situation of this issue.In addition to the introduction and concluding remarks, this paper can be devided into three parts in total number of 330,000 words. In charpter 1,the author reseach the topic of adjustment subject of Economic Law.Firstly,the author describe the forms of social relationship.The social relation can be identified to the form, which is made up of the social individual relation and social overall relation according to the numbers of the social members. By assuming that the social overall economic safe and fair relation in the social overall relation is the original framework of adjustment subject of Economic Law, this paper pointed out that the social overall economic safety and fairness is the adjustment subject of the Economic Law.Secondly ,proceeding with the risk sources in social economic system, this paper researched the issue of adjustment object scope. All type economic risks should be adjusted by Economic Law. Furthermore, the systematic risk should be adjusted by Economic Law, given the casual risk has been done basically. Due to that the systematic risk is rooted in governmental administrative function, the governmental economic administrative behaviors should be ruled by Economic Law. The feasible actions include as following. Firstly, to consummate the macro-adjustment jobs on Economic Law rather than on the policy of government and to adopt the ways of quantitative methodology and economic warning to support the macro-adjustment jobs . Secondly, to implement the anti-monopoly law covering the aspect of governmental monopoly. Thirdly, to enhance the management of the state-owned assets. Fourthly, to enhance the supervision on the economic administration of the government.Thirdly,this paper discussed the independency attribute of Economic Law after testifying the object and scope of adjustment subjet of Economic Law. Concerning that the economic administration of government is also effective in the adjustment of the economic safety and fairness, there is a crossing area within the Economic Law and the Administrative Law. The independent legal status of Economic Law is ambiguous. As a result, to ascertain the independent legal status of Economic Law requires the scientific development and planning both in Economic Law and Administrative Law, and it is essential to rebuild the new mechanism of Economic Law.In charpter 2, the author reseach the topic on reforms of administrative rights throught out the world to explain the feasible development direction of Economic Law. This paper puts forward the social reasons of economic administrative socialization by observing the phenomenon of Administrative Law's affairs to be private bill's affairs and the phenomenon of economic administrative jobs of government to be non_government organization's jobs. Citizen organizations tend to take the responsibilities of economic management as non-government organizations. This trend is still to spread, which indicates a new scope of adjustment object issue of Economic Law and make it possible to reconstruct the mechanism of Economic Law.In charpter 3,the author reseach the topic on how to reconstruct the mechanism of Economic Law. This paper explored the systematic disadvantages of Economic Law in respect of that the department of government acts as the enforcement agencies of Economic Law. It is concluded that Economic Law system should be efficient, compatible with economy rule and being constrained by Economic Law and economic practices. One Economic Law system with democratic legislation, non-governmental organizations acting as the law enforcement agencies, governmental supervision on enforcement agencies of Economic Law and a lawsuit mechanism for public welfare is to be put forward .
Keywords/Search Tags:Economic Law, Adjustment subject, Legal mechanism
PDF Full Text Request
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