Legal Constraints On The Government's Economic Decisions

In the history of modernization, the classical conclusion that no government could be trusted unconditionally has always been the motive force behind the development of law and jurisprudence. From the miserable experience of the tyrannical ages, people gradually recognized that all kinds of government power must be constrained in order to protect welfare of the public. In 20^th century, along with the failure of free market, government of all countries gained great power in the field of national economy. Government's discretional decisions had a great effect on economy and also on welfare of the public. To keep the scientificalness, social usefulness, and validity of the government economic decisions, to protect private benefit from illegal and tyrannical intervene, a legal constraint system should be established to restrain government economic power. Started from the explanation to the classical theories, this thesis aimed at pointing out this direction, taking an example to do some detailed discussion and then making some useful policy suggestions.The research methods involved in this thesis are theoretical, demonstration, comparison and dialectic analysis.