Research On Legal Issues Of Rewarding Legal Norms

The problem of Rewarding Legal Norms is the blank area of the jurisprudential study in our country. However, the Rewarding Legal Norms are widely distributed in the Constitutional Law, laws and a large number of economic legislation norms, and have a profound influence on the national economic life.Chapter I outlines general interpretations of Rewarding Legal Norms from the perspective of summary. This article express that the Rewarding Legal Norms means the legal norms which give the approval, encouragement and commendment to the behaviors made outstanding contributions to others, collectivity, nation or social and meet the legal standard of awarding; this chapter believe that the Rewarding Legal Norms have recognition function, incentive function and evaluation function; this chapter believe that the Rewarding Legal Norms are in fact consistent with the general logical structure principles of legal norms, because the right is also a kind of legal consequence; this chapter also briefly discusses the legal relationships in Rewarding Legal Norms, and divides them into five types according to the different standards, including Public Interest Rewarding Legal Norms and Non-public Interest Rewarding Legal Norms, Material Rewarding Legal Norms and Immaterial Rewarding Legal Norms, Authorizing Rewarding Legal Norms and norms and Obligations Reduction Rewarding Legal Norms, Governmental Rewarding Legal Norms and Social Rewarding Legal Norms, Economic Rewarding Legal Norms and Non-economic Rewarding Legal Norms; and this chapter outlines the legislative history and status of Rewarding Legal Norms in China. Chapter II elaborates the relationships between economic activities and Rewarding Legal Norms from the perspective of Economic Law. In the part of Rewarding Legal Norms in industrial policy guide, this chapter elaborates the reward system of industrial technology development, the reward system of the introduction and proliferation of industrial technology, the reward system of enterprise managers and its implementation status; in the part of Rewarding Legal Norms in resource allocation, this chapter elaborates the reward system of natural resource, the reward system of other resource respectively and its implementation status; in the part of Rewarding Legal Norms in preferential tax, this chapter elaborates the tax relief system, tax drawback system, the reward system of special tax attention and its implementation status; in the part of Rewarding Legal Norms in promotion of science and technology development, this chapter elaborates the personnel training (introduction) system, science research incentive system, science and technology reward system and its implementation status; in the part of Rewarding Legal Norms in business activities, this chapter elaborates the reward system of new product development, the reward system of technological innovation, the reward system of marketing management and its implementation status.Chapter III is based on the thoughts incurred by the case of Li Liansheng academic fraud and deeply analyze the anomie of Rewarding Legal Norms in our practice and its reasons. This chapter believe that the reasons of the anomie of Rewarding Legal Norms including: the incentive mechanism is not rationalized, "decentralization power" is unknown and "the rule by law" is not prosperous; rewarding legislation lacks value orientation so that the subjects are dislocated and the motives and results are distorted; the defects of the procedures of Rewarding Legal Norms stimulate illegal acts; the lack of social autonomy capability forces the reclusion of social power. Then this chapter put forward theoretical positioning errors and the injustice of procedural mechanisms need to restructure the theory and system of our Rewarding Legal Norms.Chapter IV believe that, in practice, our current Rewarding Legal Norms have transformed into a kind of income distribution, which is the alienation of Rewarding Legal Norms. On the basis of analyzing and questioning the relevant rewarding theories both in China and abroad, this chapter presents we should recognize the incentive theory as the cornerstone and restructure the theoretical basis of the Rewarding Legal Norms. Meanwhile, combining with theoretical basis, this chapter perfects our system of Rewarding Legal Norms from the respects of the subjects of Rewarding Legal Norms, the standards of evaluation entity and procedures, supervising mechanisms and dispute resolutions.