Resolve. Economic Law Theory Of Justice

Justice is a timeless value goal in terms of law. But justice is historical and concrete. It has different connotations according to various laws .Justice of department laws differs from that of sub — department laws. Economic laws are no exception. As a new department law. Economic law containing a very rich justice concept. The key to analysis of the justice theory of economic law is to illustrate how a justice economic law comes into existence in the condition of market economy. This paper analysis's, just in this kind of condition, the medium lack of objective economic environment, the cultural indifference between the subjective environments, and the consequent justice environment of economic law. Starting from the research on universally — adapted justice, the paper argues that justice is a system, which can be classified into three levels: The essence of justice, the principles of justice and the norm of justice. As far as economic law is concerned, the essence of justice means that justice should be in keeping with the interest of each market subject. And the principles of justice are just the reflection of this essence. They are: the individual and the society as the common beneficiary; especially protected interest of the disadvantaged group and properly limited interest of the powerful group; the states sharing the interest reasonably; restricted individual freedom and guaranteed social freedom; prevention of the market malfunction and resistance to the renting of authority; profitable competition and proper monopoly. To begin with the background of economic law, though analyzing the origin and the judgment standard of its justice system, This paper attempts to prove, especially from the angle of game theory, that the justice system of economic law comes from compromise of mulct — contradiction, in this pluralistic soci China has changed from a planned economy to a market one. In this special historical condition, productive force and production relations have also changed greatly. Starting from the social law contained in the objective existence of productive force and production relations, the economic base and the superstructure,this paper, centering on the social value judgment in the condition of market economy, summarizes six pairs of social contradictions, individual interest and social one; complete information and incomplete one; internal market and international one; individual economic freedom and social economic one; the market and the government; monopoly and competition . The dialectical interaction of each pair of contradiction is taken as the angle from which game theory is studied. It must be noted that these six pairs of contradictions are not isolated from each other. They only serve as different perspectives on that issue.In a word, the essence, principles and norm of justice of economic law are the prerequisites for building the rational economic men's character and for their fair seeking profits. At present, a special attention should be paid to enhancing the construction of justice norm by strengthening that of justice principles. Meanwhile, an importance should also be attached to building the economic men's character and raising their quality. In brief, the construction of justice must be furthered from these six aspects, in order to regulate the action of the economic men, and to realize the harmonious relations between man and man, man and system, man and nature.