Research On Legal Process Of Governmental Behavior Of Intervention In Economy

As the most important law system in the operation of modern market economic society, Economic Law have the function of controlling rights and granting rights from the beginning. The existence of"market failures"provide a chance for the government to interfere in the market, and more, the"government failures"require the behavior of"interfere the government". So, the Economic Law not only empowers the government to control the economy, correct the error in the market operation and ensure the well development of economy, but also takes the responsibility to interfere in the legislation of government, identify the rights range of government, and regulate economic behavior of government. There are about two modes of the control government power for Economic Law. One mode is named strict rule mode , that is we focus on the results of government behavior and set up strict rule of standard to control government power in economy. The other way is called justice process mode , that is we focus on the process of using government rights, which means by designing strict process of government power to control government rights. As the development of economy, the Economic Law has the feature of diversity and variety. As we see, authorized legislation and multipolar legislation are increasing; the rights of government are expanding; and put out large amount of random regulation which lead to the results of justice standard bedim. All these make the Economic Law system unclear and uncompleted, and its control ability fainted. However, legal process based on its specific function of dividing work, depressing the power, and separating, has gradually become the indispensable measure of government to ensure its power have been carried out correctly and effectively. Specifically, our country's Economy Law has the great feature of government leading which means it has much more granted rights than controlling these rights, plus that traditional practice of emphasizing the substantive law while ignoring the process law, it is necessary to set up process system for the government behavior in the Economic Law.This article has four parts. The first one is , justice and control feature of legal process. It mainly includes the definition of legal process, the features of justice legal process, and the theory of controlling rights feature of legal process. The second part is the regulating function of Economic Law to the government. By comparing China and foreign nations'history of intervene in the economy this part sums up the different features and situations in China and other countries'interference in economy, and give a description of China's interference in economy. The third part is the effects of the Economic Law on government interference. It mainly expatiates on the controlling feature of legal process, the reason that the controlling feature is distinct, the effects of legal process in the Economic law and the meaning of legal process to China's Economic Law. The forth part is advices about polishing the legal process of government interference in economy in our country. This part mainly expatiates on the value of the legal process of the Economic Law, the basic principle of process in Economic Law, and advices about polishing the legal process of government interference in economy in our country from the point of perfecting legislation, developing the balance system between controlling object departments, granting subjects body of the rights of participating in, and strengthening the transparence of government interference in economy.