Research On The Due Process Of Government Economic Behavior

Government Economic Behavior is the basic intervention form in the economy by modern States. The government and its departments, owning great discretion, is the subject of the Behavior, and their behavior has a characteristic of public welfare and dynamic changes, which causes the Government Economic Behavior three major inherent contradictions: the contradiction between "to expand powers," and "to control powers"; the contradiction between the dynamic changes and stability ; the contradiction between for the public welfare and for private interest. The legal concept of due process oriented from Britain and the United States , whose main intention is to impose the basic procedural limitations to the powers of the Government , that is to say, the process of the exercise of the Government powers must meet certain minimum fair requirement. There are three kinds of practical value of due process: to facilitate the choices of the subjects in Government Economic Behavior; to assumpt the scope of government intervention; to provide action guidelines for the subjects to weight losses and gains. The practical value of due process just fills in the gap of three inherent contradictions of Government Economic Behavior, and keeps theoretical consistency. Therefore, due procedures for the Government Economic Behavior must meet the basic requirements, which are procedure participation, procedure trancparency, procedure statutory and procedure fairness.In practice, the following five issues come to Government Economic Behavior: firstly, the multiple conflict positions of the Goverment still exist; secondly, the government intervention expands and there is prominent administrative monopoly; thirdly, the market shortage coexists with the government shortage; fourthly, some of the government economic regulations are unreasonable; fifthly, government economic behavior in the process of market stays in a disorder situation. There is an urgent need of procedure regulatory. However, cases show the inconsistency between the Government Economic Behavior and the legal procedure, the reason of which lies in the traditional concept factor and the legal system factor. Therefore, the Government Economic Behavior proceedings legal framework needs to be set up to meet the reality needs, the core content of which should consist decision-making procedures, implementation procedures, supervisory procedures and emergency procedures, based on the basic standards of behavior categories.