On The Spirit Of Economic Law

It is the very theory that causes humane eradicate all hesitations at the hell entrance of science. The spirit of economic law demonstrates its purpose and goal and significance. It means the possibility to overcome the chaos among economic law. It also means the integrity and the freedom as well as the perpetuity. At the same time, it causes the economic law to defeat the decay and the death. Obviously, the spirit of economic law plays an important role in the economic law.The method is the bridge and link for us to understand the world. In order to analyze the spirit of economic law, this essay makes use of all kinds of methods, such as the methods of conceptual analysis and historical inspection and dialectical analysis and real analysis and comparative way and so on. This dissertation is composed of five major parts as follows: Part one deals with the general annotation of the spirit of law. By analyzing concept and summarizing the major points of the spirit of law in China and foreign counties and pondering the characters of the spirit of law, this article forms a basic opinion about the spirit of law from the angle of jurisprudence. The author thinks the spirit of law includes the law's purpose and goal and significance. As you see, there are differences between the spirit of law and essence or principle or value and so on. The characters of the spirit of law are constituted of generalization and abstract and direction and times. As you know, the spirit of branch law has the unitary character.Part two deals with the relationship between the spirit of economic law and principles and value and essence. Firstly, by carrying on the discussion to the spirit of economic law and the principles, this article deals with the relation between them; Secondly, The author thinks the spirit of economic law is also different from its value in five aspects. The valuable system of economic law is made up of controlling power and utilizing resources and securing macroeconomic. Certainly, there are important connections among them; Finally, the author realizes that the connections and distinction between the spirit and the essence of economic law. In order to acknowledge the essence ofeconomic law, we should realize that the specific background of the economic law, otherwise we'd make the wrong understanding to it.Part three deals with the relationships between the spirit of economic law and the spirit of civil law and the spirit of administrative law. By reviewing the changes of human's status in the civil law, the author thinks the spirit of civil law is autonomy of will. As you see, the civil law pays much attention to protect people's personal property and real property by giving people rights in self-management In the world of civil law, consent makes law. At the same time, civil law is established for the benefit of man. For my opinion, the autonomy of will is the fundament of all principles and systems in the civil law. In our times, how to control administrative power becomes an imperative problem. We must rember the old saying that absolute power corrupts absolutely, As a result, the author believes that the spirit of administrative law is the legalization of administrative power in the times of rule of law. At the same time, this article tries to read the spirit of administrative law from the angle of utilitarianism. Finally, because there are defects in the civil law and the administrative law, the author draws a conclusion that the economic law restates our times.Part four deals with the splurge of the spirit of economic law. The spirit of economic law is hiding behind the phenomena of economic law; we must take great trouble in researching it. The spirit of economic law demonstrates its purpose and goal and significance. By reviewing and analyzing, this article thinks that the spirit of economic law mainly manifests in five aspects. Obviously, the five parts is a whole.Part five draws a conclusion. In fact, we should call the conclusion as an initial realization. What is the spirit of economic law? The author believes that the spirit of economic law is harmonization. As the important categories in the economic law, the research of the spirit of economic law is not a pure theoretical endeavor, but is expressly reflected in the texts of economic law. The target of the spirit of economic law is not to accomplish a perfect market world, but create a progressive market world by state' moderate intervention.