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Research On Regulation Of Economic Rights By Administrative Law

Posted on:2008-12-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y F XuFull Text:PDF
GTID:2166360215997415Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Economic rights are one kind of the important rights held by the market subject. Although economic rights haven't been specifically defined in educational/academic circles, people generally agreed that they are a kind of rights that guarantee the independent economic status of the citizens and other subjects. In traditional Constitution, economic rights are reputed as economic liberty/freedom, which mainly comprises the liberty and rights relevant to economic activities, such as the liberty of choosing occupation, doing business, concluding contracts, dwelling and migrating, and property right, etc. Economic rights are governed by the Constitution and concretely prescribed by civil law, economic law, and administrative law and so on. The branch/departmental laws play different roles in the concrete regulation of economic rights. They do help the development of economic rights, but engender certain conflicts simultaneously, in which, the intervening carried by the norms of the administrative law goes the worst. These norms frequently transgress the limits which they ought to observe, and intervene the items of economic rights which are out of their jurisdiction. This kind of intervening largely affects the economic liberty of the market subject. In this paper, the foregoing is taken as the starting point, the discussion is put up on the following aspects: the meaning of economic rights, the status in quo of the regulations given by administrative law to economic rights, the reasons why administrative law regulates excessively, and the way to avoid these overmuch regulations. At last, some own original opinions are put forward.
Keywords/Search Tags:economic rights, administrative law, economic law, regulate, market economy
PDF Full Text Request
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