Conflict And Melting Of Administrative Power And Basic Economy Rights Of Market Subject

Economic restructuring period, conflict of administrative and the basic economic rights of the market subject, seriously hampered the continuous development of China's socialist market economy and the continuous deepening of reform. Therefore, to study the conflict and further to research of legal measures resolve the conflict, both theoretical significance of their research, more practical significance.This paper consists of introduction and four chapters. First of all, through the executive power and legislative and judicial powers and right of the Concept of private law, a detailed exposition of the concept of executive power, features, content and form. Then introduce market subject's basic economic rights, including property rights, the right to freedom and equal rights. Second, analysis of the conflict between the executive power and the main market of basic economic rights. Comparing the use of the method, comparative study the Chinese and western countries administrative authority and the market economy the main basic rights of the conflict, analysis of the two existing differences and the reasons for the differences. Subsequently, in-depth analysis of the main conflict between China's administrative power and fundamental economic right of market subject, the features,the nature and causes. The features: conflict between the major powers to suppress the public for private rights, competition and restrict competition. The nature of the conflict is conflict of interest. These all originate from the main power monopoly and market players need right , the sense of strong management and market awareness of the main right to development and expansion of contradictions. Again, citing the harm caused by the conflict. The conflict of administrative power and economic rights of the main players serious violates the legitimate rights and interests of the main market players, hinders the socialist market economic system and the establishment of a harmonious society construction. Finally, the recommendations to resolve the main conflict of basic economic rights of: (1) through deepening the reform of the economic structure, change the government's administrative functions, (2) changing the awareness of law enforcement, from the power-based to service-based (3) Through the improvement of legislation, law enforcement, judicial legal system effectively bounding the executive power and protecting the legitimate rights of market subject, (4) social organizations play self-government power. (5) to raise overall quality of main market subject.