Research On The Protection Of The Right Subject In The Macro - Control

In the macro-control law,its subject may divide into two groups:the regulatory and the recipients.The regulatory is the subject of exercising macro-control "power",and the recipients are the subject of exercising managerial rights.In a market economy environment,the two main parties are not at peaceful coexistence,but taking appropriate reasoned Action,happening game relationship for their own interests.Overall, the regulatory has strong power and at the advantage position but the recipients under a weak position in the game.In the field of the study of macro-control law,a critical issue,rights protection of the recipients did not receive due attention, or even ignored For a long time.Admittedly, macro-control authority as a national public power,also has its own expansion, corrosion resistance.As the representative of the state,the regulatory’s rationality is limited.The regulatory is also with the "economic man" nature,and has its own interests and preferences.The regulatory does not always act as a representative of The public interest.In fact, the biggest threat of the recipients’s proper rights is from the uncertainty of the regulatory’s power.With the development our democratic rule of law, market economic reform and deepening human rights protection,greater emphasis on the importance of rights and guarantees, as well as limitations and constraints on power has become very urgent and necessary.That why this paper choses the rights protection as the research direction.The main contents include about four parts:The first part, from the general law theory and the theory of economic law two perspectives to analyze for the theoretical basis of the recipients’ proper rights protection.In general law theory, the right is the origin of the power, the existence and the exercise of the power of should lies in and serve for the protection and realization of rights.From the economic law theory, on the one hand, protecting the rights of the recipients, regulating the power of regulatory is the basic function of the macro-control law;On the other hand, from the "social position" of economic law, analyzes that economic law protects not only the overall economic interests but also protects the interests of the individual.The "social position" of economic law is a inheritance and development of the Individualism of the Civil and Commercial Law.This section is intended to demonstrate the Justification of the proper rights protection of the recipients.The second part, from the Originality of the subject of the legal relationship leads to the subject of the macro-control legal relationship.The core of this section is to analyze the specific types of the recipients, including operators and social middle layer.From the three forms of the presence of rights to generalize the due rights and the legal rights of the recipients. And analyze the capabilities of the recipients’rights, including defense capabilities, beneficial capabilities and relief capabilities.In addition, a brief analysis of the macro-control power’s features and content is included.The main purpose of this section is to recognize the power of the regulatory and the rights of the recipients,paving the way for the discussion of the Legalization of the regulatory’s power and the actualization of the recipients’ rights.The third part, The main task is to analyze the expressions and the Causes of damage to the right of the recipients.Improper development of the austerity measures, arbitrary changes of the austerity measures and the improper implementation of the austerity measures are the main the main manifestations. The lack of resources of right protection, a special historical background of china’s macro-control produced, the irrationality of government regulation, the lack of rights relief mechanisms of the recipients are the main reasons of the rights damage of the recipients.The fourth part, the main approaches and legal measures to protect the proper rights of the recipients.In a word,the approaches to protect the proper rights of the recipients lie in the legalization of the regulatory’s power and the actualization of the recipients’ rights.Accordingly, the legal measures of the protection of the proper rights of the recipients will be divided into two parts, namely the measures of the legalization of the regulatory’s power,and the measures of he actualization of the recipients’ rights.Specifically, deformalizing the configuration of macro-control power by legal measures, promoting the proper exercise of macro-control power,establishing an effective oversight mechanisms of macro-control run to advance the rule of law the right to run; Through the establishment and improvement of the recipients rights reality of participation mechanisms, the establishment of the recipients’right relief mechanism, and the improvement of responsibility of the regulatory to implement the actualization of the recipients.