On Nomocracy Of Economic Law

The combination of theory of rule of law and the basic theory of specific law department is of great significance. The concept of rule of law, which is of great importance on legal theory and practice, can not just be narrated in an abstract and grand style, but should be implemented in specific law department. The concept of nomocracy of economic law can be logically derived from the concept of rule of law. Nomocracy of economic law is the legal state of economic law. From the perspective of the basic theory of specific legal department, strengthening research on nomocracy of economic law is to promote the research of the economic jurisprudence. It not only reveals the ideas of economic law, but also has great significance on legislation and judicial practice of economic law.The specific functions of law departments, as well as collaborative relationships among them, build and maintain rule of law. In the period of free-capitalism, the civil law played the leading role in the model of rule of law. While in the period of monopoly capitalism, the economic law played the leading role. But the problem of nomocracy in economic law is very serious as a result of the generating model of economic law. Thus, the concept of nomocracy of economic law is of great significance on both legal theory and practice.The basic principles about nomocracy of economic law are the measures and the spirits of nomocracy of economic law. The basic principle about nomocracy of economic law is a bridge to join the legal theory and practice. The basic principles about nomocracy of economic law can be summarized as follows: the principle of social orientation, the principle of the substantive justice, appropriate intervention principle, and multiple balance principle. The social orientation principle which safeguards the benefits of the whole society shows the basic idea of the economic law; the substantive justice principle indicates the values of the economic law; appropriate intervention principle is the basic character of economic law to pursue the social orientation principle and the substantive justice principle; public law and private law are the two important ways to realize the nomocracy of economic law.The limitations of the traditional private law, and the synchronic character emerging in the transition period in Chinese social and economic contradictions, show that the economic law is of great importance on the construction of the market order and promotion of the changes of the government's functions in market economy. We must develop and set up a model of rule of law in which the economic law plays the leading role. According to the basic principles of nomocracy of economic law and the investigation about legal practice in China, economic law has a great disparity to the requirement of nomocracy of economic law in legislation and legal practice; we have not clearly made the limit between the state and private action on theory and legal system. Thus, at present, the directions of nomocracy of economic law can be summarized as follows: to define the role and the power of the government in market economy according to the principles of nomocracy of economic law, to achieve the basic requirement of the nomocracy of economic law all-around.