The Jurisprudential Analysis Of Government Regulation

From jurisprudential point of view, government regulation system is actually the game reflection between government rights and civil rights. By means of national power, government regulation system provides the relevant regulation and institution for market's malfunction so that market risks can be minimized, social benefits and benefits of market economy's main body can be maximized. Essentially, government regulation system executes national power for all the legitimate expectation of market economy's main body, which is endued with legitimacy and justice. However, executors of national power always make inclination, out of individual or group's benefit, when regulations are made and executed. Government regulation system's original intention is to maximize social and individual benefit so as to create a win-win situation. While market economy forces involved, regulation's makers and executors turn out to be imperium's owner without self-conscious. Motivated by their fondness or benefit, they make regulations and their social superiority naturally climbs higher than the market has provided.The inherent requirement of government regulation is an orderly balance between government powers and the rights of citizens. The birth of law is based on that the produce and exchange have a kind of safe and stable order, determined by the force and the credibility. Government regulation as a form of expression with law aims at the establishment of a fair, orderly and steady development of the economic order. With the right choice and the pursuit, the individual determines the order. The country uses the legal means to intervene and regulate the economic life, in principle, on the most efficient means to achieve the greatest benefits, with the law as a fulcrum to establish healthy and stable economic order and the economy-oriented. At the different times, however, the state makes different points with the value, and pursues the different effectiveness. Government regulation is the process of the market economic establishing the order and pursuing the benefit, balancing the kinds of benefits, even in a certain sense, it is the rational balance between the order and benefit. The establishment of a new world order can not take care of all the benefits. It is only with the best principles not the highest standards of efficiency that in various benefits within the scope permitted to make the maximizing value choice.Government regulation experienced the development from the traditional public interest theory to the departmental interest theory. The public interest theory takes the market failure as the cause of government regulation. It considers that the government be the representative of the public interest to regulate that unfair and inefficient phenomena, thereby realizing and protecting the interests of the public, and promoting the whole community development. On the departmental interests of the view that the main body of government regulation ( the legislature or regulatory agency to establish government regulation) only on behalf of a special interest group, rather than the general public. With the departmental interests theory developing continuously, the government regulation prisoners theory derivative, namely because the group can play a role in the formation of public policy, because the regulations were captured by the group for the industry, or to regulatory system for controlled by industry groups. In the 1970s, public choice theory as a theory of the expansion of departmental interests developed, the formation of its government regulation policy is under which trading in the market. The public asking for the government regulation, the interest groups asked for the government regulation and all kinds of political forces (the legislature, the executive, the courts) bargaining agreement was reached, due to powerful interest groups in the economic capacity and social impetus, they will be more influential of the general public and government decision-making bodies. To the United States and Japan, represented by the modern market economy in the country has made more satisfactory results on the road from regulation to deregulation. It is worthy with learning for China which goes along socialist economic construction. China's socialist market economy carries out the public ownership as the mainstay and multiple ownership of the economic component development together. The socialist market economy with Chinese characteristics carring out in socialist China is the market economy with Chinese characteristics. Although the market economy and social system has no natural link, the differences in the social system is bound to the purpose of development of the market economy and have a profound impact on the way, thus affecting the role of government in the market economy. China's current development of the socialist market economy must handle well the relationship between efficiency and equity, take meeting the people's growing material and cultural needs as a primary objective, and taking "people-oriented" and the achievement of comprehensive human development as the basic purpose. However, in the transformation from a planned economic system to the socialist market economic system, the process of government regulation followed the highly centralized planned economy system practices in the government market regulation and economic life at the same time, have a large number of administrative monopoly phenomenon. Therefore, the fundamental system of the government regulation is the regulation of the regulator. Under the socialist market economic conditions, government regulation's will-being mode should be the basis of law. Their inherent requirement is: First, clear the legitimacy of government regulation; second, confirmed the feasibility of government regulation; Third, enhancing the intensity of the implementation of the government regulation.China's building of the law in the market economy system with our country comprehensively pushing forward the building of a socialist market economy developing further. Amend some of the contents of the existing Constitution and the provisions of the Laws four times. With the civil legal system, the legal system of market players, the legal system of market management, the macro-control legal system, the legal system of the protection of intellectual property rights and the legal system of foreign economic and trade cooperation, it has formed a relatively complete socialist market economy with Chinese characteristics legal system. But the adjustments made by the government against the law has always been the target, rather than constitutor themselves. Although the Administrative Procedure Law,Law on Administrative Appeals,State Compensation Law,Administrative Punishment Law and Law on Administrative Licensing have been promulgated one by one, and the concept of the rule of law and administration by law have been confirmed on the way of the provisions. Because of our special historical background, the legal system has not completely circumvent the monopoly, resulting in "government failure". Although China's legislative system in the structure reflects the diversity and flexibility, but it is the layers of this overly complex legal system that made many laws and regulations can't be genuinely implemented in the executive department at the grassroots level.About of all, I believe that, under the backdrop of the rule of law, China should improve government regulation of checks and balances mechanism, solve the problem of the lack of effective oversight powers and checks and balances mechanism and the same of constitutors and executants of the administrative law, etc; strengthen the legal construction, establish an orderly system of the rule of law, build a market framework game with propping up the single individual's counterwork capability against interest groups, as well as the effective supervising capacity on the executive branch.