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Legal Protection Of Economic Law, As The Threshold Of State Assets And Institutional Innovation,

Posted on:2007-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z WuFull Text:PDF
GTID:2206360182486125Subject:Economic Law
Abstract/Summary:PDF Full Text Request
State-owned-assets are the social property owned by the whole people, shown as national ownership in the law system. The problem on how to get and occupy and use and benefit from the SOA is important in economic lives. Especially in our country, state-owned-prosperity also has much compact on our politics. Though we all look high on SOA,SOA is lossing. We must look for the reason from our law system. The civil law's task is tell us how to get SOA, who is the owner of the SOA, and SOA of business and SOA of resource. In a word, although the civil law protect the SOA activity, but it doesn't matter. In the civil law we can't find responsibilities about invading SOA. At the same time, there is only a few methods for the civil law to protect SOA. The commercial law, especially the "company law" can adjust SOA relation in some area, but the business relation can not include all the SOA relation. The law pay more attention on protecting SOA, but the result cannot make us satisfaction. Now we turn to the criminal law, but the criminal law regulate a few actions which is very harm to SOA. So it is really hard for the criminal law to protect SOA.The really reason that the SOA can't be protected by our public law or private law is that the SOA relation is different from public law relation and private law relation. the SOA relation is made up from both the public relation and the private relation. There are three subjects in it. The SOA relation is the object of the economic law. The SOA relation should be adjusted by the economic law. It is superior to other law for the economic law protecting the SOA both in theory and in practice. If we want to protect SOA essentially, we must make many laws about SOA, and establish the system of economic public interests lawsuit.
Keywords/Search Tags:the Loss of SOA, the SOA Relation, Economic Law, The Related people
PDF Full Text Request
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