Role Of Economic Justice And Economic Law

Since Sherman Act has been decreed in American, economic law plays more and more important role in every lountry. Unfortunately, neither in original planes of economic law Germany and Japan nor in China the problem what is the substance of economic law hasn't been solved for a long time. Because although economic law has appeared over one hundred years there is still little research on it; while research on traditional branch law is so developed that it is difficult to get rid of traditional method. At the same time, academic disquistion is rather intomate with policy in China. Therefore, in order to reveal the substance we must break out the thought limit and look for development from new angle. In this thesis the new angle is the economic equality.Looking back history we can find 'out that social demands for economic equality is historical background of the birth of economic law. Especially in changeable society. Both Jrserican and Russian experiences have proved the significance of the economic justice. Of course justice is abundant of contents, in which the economic attribute, the fonnal attribute, and the balance of benefit are keys of the economic justice.We should grasp the four aspects of economic justice, so that we can understand it deeply. First of all, difference principle affirms that the difference of subjects exsist unvoidablely in economic and social benefits. Thar is to say, it is in favor of the worst corditons. Secondly, the justice of start emphasize sharing opportunity and try to supplies same developing opportunity to each subject. Meantime, special opportunity is also included in the justice of start. Thirdly, the justice of conpetition is original form the fundament ideas of market. Under the condition of fairy conpetition market may take on a orderly look,and effect on distribution of market resource.at last,the distribution justice not only optimice destribution of market resorce but also avoid the social turblence.after analyzing the economic justice we can draw a conclusion that the justice of start ,the justice of conpetion, the distribution justice and different treatment are all based on social smooth development.The social reality advances the legal system. Although both civil law andadministrative law have contents of the economic justice, they don't adapt to new economic situations. Civil law's basic value is justice, but nowadays many country's civil laws comprise much more policy elements, which don't give parties the liberal rights of solving problem anymore .on the contrary, administrative law, it usally contains civil iterms.Economic law has particular effects on advancing the economic justice, economic law admit the academic distinguish of each law and emphasize depantmental law's influencing each other. For difference principle the development of law experiemed from status to contract, then, returned to status. So difference principle pays much more attention to the substance difirence of economic subjects. According to the justice of start, economic law establishes the economic subject system; improres pur responsibility system; and substitute morden enterprise system for the old one. On the justice of conpetition, economic law break act the barrier to market, and constitute a legal system consisting of anti-unfair competition act, consumer protection law, price law, advertisement law and so on. From justice distribution, economic law affect the re-distribution of social resorce. It affirms the endeabor of economic subjects on the other hand, keeps social harmonious development.