Equity And Efficiency Of Economic Law

Fairness and efficiency has been a hot topic in legal circles, the real problem, for example the gap between rich and poor, urban-rural dual structure, inter-district is unfair, unfair intergenerational equity and so on appeared during the market economy of our country developed. Scholars began to think about"giving priority to efficiency with due consideration to fairness". Scholars studied fairness and efficiency from the civil law, commercial law, financial law, economic law and other law point of view of different sectors. They hoped to define scientifically the meaning of fairness and efficiency and its relationship and overcome the practical difficulties. In Economic Law, as the scholars based on different point of view and using different methods, they made different conclusions about the economic law of fairness and efficiency of connotations and relationship, three representative points of view has been outlined"Fairness First theory"and"efficiency priority theory"and"equal emphasis on fairness and efficiency"and so on. Either their research based on the economics perspective to study, either based on the philosophy of law perspective to study, very few law from the Economic Department to study characteristics and functional point of view. In this paper, characteristics of the economic law department law as the starting point, from the economic characteristics of economic law and legal philosophy based on fairness and efficiency point of exploring the relationship of economic law, using historical study and comparison, raised equal emphasis on fairness and efficiency of economic law point and the perfect measures to fairness and efficiency of economic law on the relationship between science and positioning.This paper divided into four parts:The first part is the fairness of economic law - the basis of economic law. Fairness is one of the important value of legal, of course, the important value of economic law, and is the basis of economic law. This chapter discusses the meaning of philosophy law fairness and different classifications based on the sum of the fair value of the connotation of economic law. In accordance with the basic structure of society as a standard classification of the fairness, the fairness will be divided into economic law in the form of fairness and substantive fairness, and fairness in the form of equity, including the starting point fairness, competition fairness and information fairness in three areas, and starting point fairness mainly through the system and rights and obligations of fair and appropriate way to achieve. Substantive fairness include three areas such as the development of fair and equitable, equitable distribution and the result of fair. The development of fair and equitable achieve through the inter-district, inter-generational equity means fairness and industry. Economic Law in the form of equity is based on the fair value of economic law, the real equity is the fair value of the objective economic law, and the form of equity and fairness is the essence of unity, the unity of the characteristics of the economic law department law - Social Standard Act.The second part is the efficiency of economic law - the target of economic law. Intervention in the market economy is characteristic of economic law, which determined efficiency is the goal of economic law. This chapter analyses efficiency in economic efficiency and the law, and discusses the meaning efficiency of economic law. Economic efficiency is the goal of economic law. Economic law and its historical mission of the origin, economic law intervention in economic life, the overall efficiency of properties and efficiency of economic law on the desire for real fair, all reflect the efficiency is the goal of economic law. Economic efficiency has the reality and social characteristics and so on. Economic efficiency includes the efficiency of economic law and economic law economic efficiency of its own. Economic efficiency achieve mainly through economic law on the illegal monopoly, economic externalities, public goods and asymmetric information problems of regulation; Economic efficiency of its own that the cost of economic law become reality mainly through legislation by science, conservation law enforcement resources and reduce the cost of law enforcement, improve law enforcement efficiency, standard economic law enforcement powers, prevent the breeding of corruption and scientific construction of the path Economic incentive system and so on .The third part is the relationship between fairness and efficiency of economic law. This chapter analyzes fairness and efficiency of the economic law of opposition and unity based on fairness and efficiency in the law on the unity and the opposing of philosophy. The opposition between fairness and efficiency of economic law is mainly embodied in specific, micro-economic and legal relations, its unity is mainly embodied in the main macro-economic and legal relations, and social standard is the unity of the intersection. The relationship between fairness and efficiency of foreign Philosophy are three kinds:"Fairness First theory"and"efficiency priority theory"and"giving priority to efficiency with due consideration to fairness", and our fourth generation of collective leadership in dealing with the relationship between fairness and efficiency are times strong and distinctive. Different countries have different focus on the relationship between fairness and efficiency, such as the German Economic efficiency focuses on the pursuit of the whole community, the United States focused on ensuring social equity and economic law; and look at fairness and efficiency of economic law relationship of our country, which has experienced the process of Before the reform, the "fair priority" to the reform and opening up the"giving priority to efficiency with due consideration to fairness"and now"more focus on fairness". It can be said is a dynamic equilibrium process. The face of China's wealth gap is too wide and uneven implementation of contradiction, this paper put forward the scientific handling the relationship between fairness and efficiency of economic law measures - both equity and efficiency.Part fourth put forward the measures of both fairness and efficiency of economic law. By above analyzing on fairness and efficiency of economic law, based on the concept of both fairness and efficiency, this paper improves the measures. The basic principles of economic law is building equity and improving the efficiency of the principle of attaching equal importance to economic law, to regulate the power of state intervention in the market as an example to analyze the main method of improving both equity and efficiency, to competition law as an example to analyze on fairness and efficiency of the Market Regulation Law and try to perfect the tax law as an example to analyze on macro-control method of improving both efficiency and fairness.