Study Of Macro-control Laws

To realize economic rule of law, the government must be regulated. Thereinto the most important thing is to transfer from excess intervention to moderate intervention. Most economic jurists hold the view that the Macro Regulation Law is the unification of law of authorization and law of control. The emphasis of the regulation of the Macro Regulation Law to the macro regulatory relations is to control the macro regulatory act of the government. First of all, the macro regulatory law is the law of regulating and managing the regulators. Based on the limited rational hypothesis, 'need state intervention theory' points out early that the malfunction of the government is also a common phenomenon, and Economic Law, as the basic form of law of the state's intervening economy, must embody the unification of the government's intervention' and intervening the government.The modern market economy, market regulation and state intervention are necessary. The problem who replaces whom, who is better or worse and whether state intervention is needed or not doesn't exist. Malfunction of the market' needs state intervention to economic life affirmed by economic law, but because of 'malfunction of the government', while affirming the state intervention, Economic Law should regulate it to prevent, avoid and forbid the improper and unnecessary intervention in order to make the state intervention moderate. There fore, Economic Law is both the law assuring rights and the law controlling rights.The thesis discusses the Macro Regulation Law how to regulate the macro regulatory act of the government directed by 'need state intervention theory' from the angle of regulation the macro regulation of the government. To realize economic rule of law and macro regulatory rule of law, our country must pay much attention to the regulation to public power. The Macro Regulation Law can bestembody the essence of economic law and its function is to regulate the macro regulatory act. The thesis included following parts:, Part I : from the angle of economics, the writer demonstrates why the state intervention would lead to 'malfunction of the government'. The reasons can be induced as: (1) The government is also 'economic person'; (2)intervention of the government is cost consuming; (3)The government only has limited logos, the problem of defiency of information exists as well; (4)Because of the governments limitation of characteristic of economic person and limitation of its capability, the state interventing economy could also produce exteriority; (5)The government can't represent public interests.Part II: Then, from the angle of regulating the macro regulatory act, the writer demonstrates how to realize the regulation of the Macro Regulation Law to the government moderate regulation.Part III: The scientificity of the Macro Regulatory Law is demonstrated. Firstly' science is the rational value of the Macro Regulatory Law. The scientificity is determined by its economic characteristic and the essence and core problem of the macro regulation to the state power, and it is the reflection of the scientificity in legal norms. Secondly, the scientificity of the macro regulatory law can help to overcome the negative exteriority. So, the macro regulatory law should be drafted to ensure the scientificity. Lastly, several problems about the scientificity of the macro regulatory law is demonstrated concretely.The writer suggests that the Macro Regulation Law of our country should be perfected, the scientificity of the Macro Regulation Law should be ensured legislatively and the macro regulatory rule of law should be ensured and realized legally. The Macro Regulation Law should embody rule of law doctrine, moderate macro regulation doctrine, beneficial macro regulation doctrine, democratic and scientific decision-making doctrine , harmonious macro regulationdoctrine , checks of regularly power doctrine ,protect the controlled person's rights doctrine, public, fair , justice doctrine, and should realize rule of law, moderation ,security, benefit, scen...