The Research On The Externalism Of The Chinese Economics Law

In the economics of the modern new system the externalism (also called external effect) refers to the external influence of the economical principal part's individual economical acts, displaying as the non-correspondence between the private costs and the social costs, the private profits and the social profits. In another word, the externalism is an external influence of one economical principal part's act to the welfare of another economical principal part without costing or compensating. However the external problems relate to the public objects from each other. Both of them feature in the characteristics of non-exclusionism and the non-competition of the consumption. These common characteristics lead to the opportunism act of the principal parts, "hiking act" and other acts which aim at gaining without paying. The result of these acts is the external influence in economics.Laws, including the economics law, are regarded as a public object by the economist. As a result the economics law itself has the external problems. The external problems of the economics law originate from the following aspects: (1). the features of the economics law, such as the economy, the policy, the guiding of the administration. (2). the social common interests' own position of the economic law. The non-identity and the vagueness of the social common interests also lead to the existence of the external influence of the economic law. However in the practical aspect of the economic law the external influence is mainly manifesting in the legislation and implementation. As for the legislation of the of the economic law the external influence originates from the non-identity and vagueness of the legislation power between the central government, local government and the individual department of the state council, because this legislation power itself means a certain economic social interests. Therefore another problem appears which is showing as the contest of the completion of the economic law, shifting the responsibility of the legislation power and the relating duty. In the implementation of the economic law the external influence mainly manifests as the disobeying the relating laws, the loose implementation of the laws, the breaking laws by the law enforcers and the indifferent awareness of the economic law.Aiming at the above problems in the economic law field and combining the correcting methods to the external influence in the economics, such as the direct administration by the government, imposing the taxes or offering the allowance, re-establishing the property, the negotiation and the compensation by the influence-makers. As for the external problems of the Chinese economics law, we should take the measures of the clear identity of the legislation power between the central and local governments, between the individual department of the state council and the improvement of the legislation system of the economics law to establish a comparatively perfect legislation system for damage and compensation. As for the implementation of the economics law the external problems can be solved by improvements of the regulations of the administrative compensation, the regulations for the members of the public services and the election regulations. Meanwhile since any system can no avoid the selfish aspect of the human nature and any system should be designed and carried out by man, the external problems of the system itself is inevitable, the enforcement of the economics education and the cultivation of the economics awareness has essential significance for the overcome of the external problems of the economics law.The whole paper can be divided into four chapters. In chapter1 there is a brief introduction for the theories of the common objects and the external theories in the economics of the. modern new system. In chapter 2 there is a classification of the implementation of the external problems in the Chinese economics law, that is, the Chinese economics law is simplified into the legislation and implementation of the economics law. In chapter 3 there is an analysis of the original sources for the emergence of the external problems in the Chinese economics law with the conclusion that the original sources are the characteristics of the economics law and the social interests. In chapter 4 combining the current state of the Chinese economics law and the main methods for the correction of the external problems in the economics some correcting measures are put forward to correct the external problems in the Chinese economics law to the great degree in the present environment of the social economy and system.