The Uncertainty Of Chinese Economic Law

The certainty and the uncertainty of legal system is a topic, which has been concerned long time by the jurists. And the related research has also already made the substantial progress.Overall speaking, the concern and research of this topic mainly concentrate on the jurisprudence domain. But less research stresses in branch law especially the economic law. Economic law is a method of state economic regulation essentially. The basic goal of the economic law is to keep the development of economy and society benign and harmonious. The economy determines the social life's basis and society's development from the basic significance. Our country is at the key period of the market economy, the economic law has demonstrated more and more important role to the economic's health movement,so studying the uncertainty of economic law under this background has the special vital significance.The thesis puts emphasis on the uncertainty of dynamic economic law, including the uncertainty of economic law's legislation, execution and judicature. The thesis has a comprehensive and thorough analysis on the uncertainty of economic law, combining with the features of economic law and the conditions of our country.There are four parts accounting for the thesis: The preface elaborates the research significance and total mentality of this topic, and teases the western law from ensuring the certainty of the law to acknowledging the uncertainty of the law .This part establishes foundation of law upholstery to launch the economic law uncertainty. The second part describes the uncertainty of economic law from two aspects, including the legislation and the implementation economic law. The third one analyzes emphatically law itself, our state's transitional economy and their influence on the uncertainty of economic law. Simultaneously concerns other factors causing the uncertainty of economic law, for example, the relative weakness of the economic law's theory research, the contradiction between the legal transplant and the localization in the process of economic legislation, and the flaw of economical public welfare lawsuit system, and so on. The fourth part proposes the countermeasures that overcome the economic law uncertainty from the economic law procedure aspect. The thesis launches according to the logic sequence followingperformance-reason-countermeasure of economic law uncertainty. Each part closely links up with the front part.The certainty and uncertainty of legal system are a pair of eternal contradiction. As long as the legal system exists, this contradiction will continue. Studying the uncertainty of economic law does not want to achieve the absolutely determined condition, but want to achieve the organic unification of economic law's certainty and uncertainty, which can service the market economy development better. The thesis examines the economic law how to display function better from a broader field of vision, and hope to provide a new mentality for the economic law development in a legal significance.