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Attribution Of Economic Law Responsibility

Posted on:2011-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:K YuFull Text:PDF
GTID:2166360305951026Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Responsibility of Economic Law is an important and concerned question all the time in the basic theory of Economic Law. This article mainly discusses the attribution of responsibility of Economic Law including the attribution basis and principles of responsibility of Economic Law. These questions are tightly connected, which jointly form the basic theory of responsibility of Economic Law.The thesis includes four parts:Part1 discusses the independence of responsibility of Economic Law. The independence of responsibility of Economic Law is the premise of studying the attribution of responsibility of Economic Law. The independence of responsibility of Economic Law refers that as an important part of Economic Law, responsibility of Economic Law should be in accordance with the independent system of Economic Law in the aspects of connotation, function, purpose and value. And it is different from the traditional civil responsibility, administrative responsibility and criminal responsibility. In one word, responsibility of Economic Law has its own independent form system. From the perspective of the independent connotation, function, purpose and value of responsibility of Economic Law and its own independent form system, the writer demonstrates the independence of responsibility of Economic Law. Taking its independence as a prerequisite and comparing with Civil Law, Administrative Law and Criminal Law, responsibility of Economic Law has special imputation basis, imputation principles.Part2 discusses the imputation of responsibility of Economic Law. It consists of imputation basis and imputation principles. Imputation basis refers the basis of look into the responsibilities, which also means the foundation of the responsibilities emerging and existing. Based on social and public interests, the final purpose of Economic Law is to balance the efficiency and equity to realize the healthy and stable development of national economy and the stability of society. To realize above-mentioned purpose, it is necessary to protect some benefit one-sidedly, such as the interests of society as a whole. With regard to imputation principles, this article has a meticulous elaboration from the features of different subjects of Economic Law (such as government, social groups and operators).Part3 discuses the imputation principles of responsibility of Economic Law. Imputation principles refers the legal norms of confirming the attribution of responsibility, which aims to resolve the question of confirming the attribution of responsibility according to some kind of fact or state. This question is the core of the structure of responsibility of Economic Law. The imputation of responsibilities is essentially the allocates of risks among deferent parties. In this case,it is necessary to discuss the parties in the Economic Law.In contemporary days, the traditional imputation principles are out of date. We can not just depend on some one principle. With the development of technology and society, we should improve the imputative principles. Regarding the question of imputation basis, this article combines the features deferent parties of Economic Law and creates some special imputation principles are.Part4 is the epilogue. In this part, I make a summary of the whole article. The independence of responsibility of Economic Law refers that as an important part of Economic Law, responsibility of Economic Law should be in accordance with the independent system of Economic Law in the aspects of connotation, function, purpose and value. on the imputation of responsibility of Economic Law, we should pay special attention to the features of the Economic Law in order to make the theory of responsibility of Economic Law to be better.
Keywords/Search Tags:Legal responsibility, responsibility of Economic law, the imputation basis of responsibility of Economic Law, the imputation principles of responsibility of Economic Law
PDF Full Text Request
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