On The Nature Of The Economic Law

The essay consists of four parts. The first part explains the importance of studying economic law's essence,then provides the writer's way of studying this question by probing into existing achievements in economic law's research. The second,the third and the forth part separately discuss what the essence of economic law is from different aspects.Part one:The importance of studying economic law's essence.To pay greater attention to the study of economic law's essence is necessary. The reasons are:first,studying the essence of economic law is the key to grasp the various issues in economic law. Second,only when we comprehend the essence of economic law and spread it widely,can we implant the idea of economic legal system to people's mind,and then can we promote its construction in our country. Third,the study of the essence of economic law will accelerate the economic law's development in depth and open up a new vast field for the whole studies of economic law.The writer thinks it important to set up a kind of studying method,which is multilevel and multisided on economic law's essence.Multilevel means that we should study the essence of economic law on two levels:first,the economic law,as a composition of general law,possesses general essence character of common laws. Second,as an independent law's department,economic law must have its own character. Because the second study is important than the first one,it should be the focal point.Multisided means that we should study the economic law's essence from three aspects:one is from its inside-definition;another is from its origin,so as to reveal the relation between economic law and social economic structure;the other is from its outside relation,in order to find out the impact of public law and private law to economic law.Part two:Economic law is the law of market economic supervision.Economic law possesses the essential characters of the law different from social economic rules or government's economic policy. It comes into being from the course of government supervising the market economy. Firstly,it is the market drawback that needs government supervision. Secondly,in all kinds of ways of government supervisions such as the law,the economy and the administration,the economic law is the best one,for it has the special functions on administrating the relations between government and market which the civil law,the commercial law and the administrative law can not instead for.Economic law has undivided relation with the economy. To some extend,we can say economic law is a kind of economic rules that have been given the effect of law. Its economic character enables economic law,distinguished from the administrative law,becomes a separate department of the law. In the meantime,the relation regulated by economic law goes beyond the area of economic relations between equal subject that regulated by civil law and commercial law. This new kind of relation should be confirmed and regulated by a new kind of law,which has the special functions on administrating the relations between government and market,for it,the civil law and the commercial law cannot instead.Part three:Economic law is the law of confirming and regulating that the government supervises the economy.Firstly,the economic law confirms that the government supervises economy. The nature of government requires it must do something on national economy,so the mainly aim of economic law should mark the government supervision lawful in order to rendering it brought into play.Secondly,the economic law standardizes that the government supervises the economy. Such as market limitation and market malfunction,that government supervises the economy isn't perfect. Therefore,economic law should correct,limit even forbid some actions of the government while it confirms the governmental supervision. In any case,we should put the governmental supervision into a just frame instead of an extreme degree. That means the economy law should keep the governmental supervision into an equitable,orderly and e...