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Socialist Market Economy And Rule Of Law Study

Posted on:2005-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:Q ChenFull Text:PDF
GTID:2206360122986796Subject:Scientific Socialism and the international communist movement
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This article probes into the development and characteristics about the market economy and its legal institutions, illustrating the sources of ideology and construction components of legal institutions. It dissertates the interrelations between market economy and its legal institutions. Considering the history of our general adoption of market economy and its legal institutions, the author reflects upon the patent of our legal institutions and presents its own option about how to built a sound legal institutions for our socialistic market economy. And it discusses the difficulties which would occur in market economy and development of legal institutions after our entrance of WTO.There are three parts in this article, which contains about 30,000 words.The first parts talks about the market economy and its legal institutions from the aspects of history and principle. First, the author briefly mentions the three phases of market economy, which started from free competition to state's interference, then modern market economy. By contrast with the old planning economy, it expatiates the six essential traits of the modern market economy. They are marketability of economy, freedom of main parts of the market, competition of the enterprises, indirect macro-adjustment, legal market operation, regular social security. It generalizes the definition of the legal institutions, expounding the historical development and its ideological sources of western legal institutions. The author emphasized the three essentials of the legal institutions, which concern the concept, the entity and the forms.The second part focuses on the relations between market economy and its legal institutions. From the aspect of political economics, the author demonstrates that market economy is the economic base for its legal institutions; legal institutions are internal requirements for is market economy. The logical expression for social activity of the market economy is the development of its legal institutions, that is directly pushed by construction optimization of its right and its power. Therefore, the adoption of market economy means the adoption of the legal institutions; reversely the adoption of legal institutions has to adopt the market economy. Theauthor dissertates that legal institutions create developing conditions for market economy by means of confirming and maintenance its market economic relations, protecting free competitions, limiting governments' behavior, carrying forward the spirits of humanism fitting for market economy. Through the confirmation of the main body status of the market, standardizing the behavior of the main body of the market, fostering the sound market system, it promotes the development of our social security system and improves the market economy.The third part, as the key of the thesis, probes into how to establish a legal system fitting for our market economy. First of all, by contrast, it analyzes the historical relations between our market mechanism and development of legal institutions, demonstrating that our market mechanism organicly links with the development of legal institutions since our reform and it is a progressive, interdynamic, concordant process. From the aspect of reality, the author analyzes the effectiveness and difficulties confronted in our market economy and in the development of legal institutions. After that, it analyzes the selection of the patent for legal institutions which arouse great attentions in the public. And it puts forward that the patent for legal institutions should be powered by the development of market economy and should take the method of "Market promotion", which concerns the combination of methods "nation's promotion" and "social evolution". At the same time , the author raises the concept of economic government by law and discusses the function of it to economic development and economic effectiveness in our socialistic market economy. After that, the author points out that we should set up the consciousness of economic government by law, perfec...
Keywords/Search Tags:rule by law, market economy, economic legal institutions
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