Academic Study On The Subject Of Economic Law

The subject of economic law is one of the important contents in the criterion theory of economic law. With"market failure, nation intervention"looked on as theory foundation, the existing pusuers thinks generally that market, nation and society are the basic category of economic law's subject, but this kind of method will lead to the loss of the subject of economic law.Because person and its organization is the only source of the subject of law and person and its organization participates the social relation adjusted by the different departmantal law and possesses different right, the particularity of right is not also the standard on which law is classified into the departmantal law, but also the on which subject is classified into the subject the departmantal law. Being essentially a kind of dominant strenth of society, The power isn't properly looked on as the self-governed category of law. Turning power into rihgt and obligation is the law path of power's implement. Power is ultimately category relative to obligation in the modern society of equal rihgt, so transforming power into right is the end-result of law. Rihgt is the sill category of law, so the intensin mealing of the law's subject is"right person"and the extension meaning of the law's subject is person and its organization. The appearance of the person's organization changing dynamically, the extension meaning of the law's subject is open. Definiting the subject of economic law wants to follow basic principle that the intensin mealing and extension meaning are consistent, thus the particularity of economic law's right can be the logic point of law to study the subject of economic law.The particularity of the economic law's right is decided by the particularity of social relation adjusted by economic law. Being the modern system for people to abate social the confliction of surplus right ,Economic law adjust the relation of the increasing benefits'production, realization, sharing and consumption among people in the condition of the cosmically socialization production. The increasing benefits comes from the creation of the surplus work force, as a result, the right of work force can be the sill category of economic law, and the person with work force can be the intensin mealing of economic law, moreover, person and its organization can be the extension meaning of economic law. We can study the subject of economic law from the intensin mealing and extension meaning, and understand the characteristic of economic law's subject from the law attribute, economic attribute and social attribute. Taking this as foundation, we can find out the contact and differentiation among the subject of economic law, civil law and administration law.It is realistic demand to control capital that the person with the right of work force become the subject of economic law, because the right of work force is the foundation of right for the worker to play with the capitalist. Taking the person with the right of work force as the subject of economic law is not only proper in lawmaking level but also in judicature level, moreover, it is the good measure for people to ward the economic control or despotism which exists in the fathering mechanism of economy such as market, enterprise and nation to retrench the accumulative exchange cost. Taking the person with the right of work force as the subject of economic law can make the boundary of the system and technique of production boost up isochronously, so it is convincing token that economic law which belong to superstructure imposes on economy basic to drive productivity to develop forward constantly.