On The Economic-Administrative Law Doctrine

The issue of the relationship between economic law and administrative law has been tormented China's theoretical study of practitioners relatively all the time. In the study of this field, the Economic-Administrative Law doctrine spread widely, but misunderstanded remarkably and harming seriously. Making a comprehensive view of internal and external to this theory, we may find four different doctrines in three categories,that is, the Economic-Administrative Law doctrine of Germany, of former Soviet Union ,and of the China's civil law school's and administrative law school's. Chinese scholars have been the lack of carding of basic pedigree and the concerns of relevant background .That has resulted in the issue of the existence of many theoretical scotoma in this field. So, in this paper, the first step, identified the basic viewpoint of the Economic-Administrative Law doctrine by carding of basic pedigree throughout internal and external relatively ;Secondly, explained the theory's different background through the analysis of the cornerstone of arguments difference; Thirdly,on the basis of the second step , commented on specific causes and the specific connotation to this doctrine and summed up the theory of the specific similarities and differences; The last step is, elicited the reasonable position of the economic law and administrative law through the analysis of evolution of administrative and executive power, and, disintegrated the Economic-Administrative Law doctrine ultimately.The conclusion is as follows:First, about the Economic-Administrative Law doctrine, there is an obvious difference between as a concept of under economic law in German and as a special administrative law in china.Second, Representatives of the executive power for the national public power on the involvement of civil society is the basic factor of the economic law,but the executive power is not the own range of administrative law,factors of executive power in the economic law can not become an argument that economic aw is Economic-administrative Law as a special law of administrative law.Third, the administrative law and economic law could also be achieved in the distinction and cooperation in the function of controlling power and licensing power.