The Discussion On Theory Of Economic Law Responsibility

The theory of economic law responsibility plays a very important partin the basic theory of economic law and in recent years exists as a hotissue of the basic theory of economic law in the academic field. It isof great significance for the construction of a complete theoreticalsystem of economic law to conduct a research about theoretical issues ofeconomic law responsibility.The research concerning the theory of economic law responsibility hasa close relationship with the great background of the development ofeconomic law. Although China's economic law has experienced only about20 years of development, through the ceaseless efforts of economic lawscholars, the economic law has established a theoretical system thatembodies its intrinsic systematicness and holds the same position as thecivil law as well as the administrative law, earning its preliminary andindependent place in the system of jurisprudence. However,The settlementof the problem of the independence of economic law as a branch law is notfairly equal to the settlement of the issues of the independence ofeconomic law responsibility. There are some scholars who admit theindependence of economic law but refuse to recognize the independence ofeconomic law responsibility. As far as I am concerned, branch laws with their strict internal systems should have independent legalresponsibilities. The argument about the independence of economic lawresponsibility is a lot similar to the one about the independence ofeconomic law. The growth of the theory about the independence of theeconomic law responsibility will have to experience a procedure fromquantitative change to qualitative change, which is the same to thedevelopment of new branch laws. As we all know,when the number of economiclaws and regulations in our social life accumulates to a degree,traditional branch laws will not be able to encompass all of them and theeconomic law will get its independence. In the same way, as the shapeof economic law responsibility in the real life diversifies and a furtherdiscussion respecting the way of its realization is conducted, littleby little the independence of economic law responsibility will appear.Thus, a research about the issues of economic law responsibility froma micro point of view complements the research about the issues of thebasic theory of economic law from a macro point of view. Certainly, aninsight into the theory of economic law responsibility can not go withoutthe value orientation of economic law, that is, social standard. In thissense, it is necessary to explore the basic problems such as values andprinciples.Based on a summary of the present academic achievements, this paperis to provide a systematic discussion on the theory of economic lawresponsibility. The whole thesis consists of 6 chapters. Chapter Oneillustrates the basic concept of economic law responsibility. Chapter Twoanalyzes the independence of economic law responsibility, conducting apreliminary argumentation and in the mean time investigating theaccessory character of economic law responsibility. Chapter Three carriesout an analysis of the value of economic law responsibility through acombination of value target and social orientation of economic law. Chapter Four talks about principles of economic law responsibility andpresents an analysis of the traditional legal responsibility principlescoupled with an economic law perspective, working out several specificprinciples of economic law responsibility : principle of statutoryresponsibility, principle of comparative responsibility and punishment,principle of justice , principle of equity and so on. Chapter Fivedissects the elements constituting economic law responsibility andreconstructs them to some degree. Chapter Six summarizes the specificforms of economic law responsibility and integrates them into a newsystem, in addition to which some preliminary concepts for economicallaw suits are proposed with regard to the implementation mechanism ofeconomic law responsibility.