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The Initial Areas Of Economic Law

Posted on:2009-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:L L CheFull Text:PDF
GTID:2206360248450888Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Research of category is a basement for the development of a subject.The initial category of economic taw is the foundation and prerequisites of construction of the category system of economic law and is related to the construction of theoretical system of economic law directly.Because the initial category is the cornerstone of theory of economic law,if it has not full demonstration and reasonable explanation,then the construction of whole theoretical system of economic law is just like the water without a source and a tree without roots.Therefore,research on the proposition "economic rights is the initial category of economic law" is conducive to providing a platform for the academic community of economic law for dialogue,so that economic law and economic law research go step by step toward prosperity and maturity. Basing on the two basic concepts of initial category and economic rights,the author studies the proposition "economic rights is the initial category of economic law" and hope to justify it in order to contributing a modest force for the construction of the category system of economic law.In this paper,the full text consists of three large compositions "the preface,body as well as conclusions".Starting with the brief explanation of the researched origin,scope of study and the significance of it in preface,the body is the core of this paper,including five parts as follows:PartⅠ:Definition of the initial category of economic law.Firstly,starting with the basic concept of category,the initial category of economic law is derived from the definition of initial category in logic and its connotation was necessary to explanation.The initial category of economic law is the logical starting point of the category system of economic law and is the initial concept that economic law is different from other legal departments.The initial category decides the unique value and personalities of economic law as an independent legal department.Then,in terms of logic verification and the entirety of category system,the author gave careful analysis of the initial category of economic law to establish the basis that the initial category of economic law must embody the nature and soul of economic law intensively. To some extent,it is a logical assumption and a subjective,priori and axiomatic cognition.PartⅡ:The inspection of economic rights.Economic rights as the initial category of economic law,which is demonstrated in this paper as core proposition.The inspection on economic rights is directly related to the status of the initial category of economic law established and consolidated.In this paper,the author referring to "economic rights" as the concept of a lot of controversy,after carding the traditional theory of rights on the basis of the "interest theory",put forward the concept of economic rights.Then,the author gave the meaning and types of economic rights and conducted a comprehensive inspection on the economic rights.Economic rights was located in a specific category of economic law and was divided into the rights of economic freedom,economic equality,economic democracy and the right to share the fruits of economic development.Finally,from the generation of economic rights and the inspection on relationships of it with state power, economic power as well as socio-economic power,the essence of economic rights "the optimization of whole interests of society" be revealed comprehensively,which will be connected economic rights with the initial category of economic law inherently.PartⅢ:The theoretical basis of economic rights as the initial category of economic law.Any theoretical hypothesis must acquire certain theoretical support.Economic rights as the initial category of economic law,corresponds to the basic ideas of economic law "humanism" intrinsically,embodies the basic values of economic law "the balance of economic effectiveness and economic equity",and reflects the nature of economic law "the optimization of whole interests of society".PartⅣ:The realistic basis of economic rights as the initial category of economic law.Economic rights,as the initial category of economic law,must be given the practical system support and be verified by the practical reason of economic law.In accordance with the economic relationship adjusted by economic law,the appeals of new rights that derived from relationships of new interests is urgent to be protected by new legal departments.In consideration of the traditional legal departments is incapable of adjustment to relationships of new interests and there are some obvious deflects with legal system.Therefore,economic law come into being for satisfying the needs of adjustment to relationships of new interests,undertaking the historical responsibility to confirm and protect the economic rights for promoting the balance and coordination of interests so as to realize the optimization of whole interests of society.PartⅤ:The great significance of economic rights as the initial category of economic law.The construction of theory is not only able to justify itself in logic,but must combined with realistic economic relations and brings into play strong drive and guide function for realistic economic activities,which is the vitality of scientific theories.Economic rights,as the initial category of economic law,is helpful to establishment core status of rights paradigm in the research of economic law and getting rid of various abuses of traditional paradigm of power.Economic rights,as the initial category of economic law, is conducive to the establishment of institutionalized implementation and protection mechanisms of economic rights to promote the full playing and effective realization of functions of economic law.In part of conclusion,the author,from the perspective of development of human rights,pointed out that economic rights,as the core of the right to development,correlates with the social public benefits of economic law internally.To a great degree,economic law is the constructed law.Economic rights constitutes the core contents of the system of economic law.Economic law,as a basic legal form of state intervention in the economy,is an effective means to achieve economic rights and its fundamental purpose is to protect economic rights.Therefore,the author believes that economic rights as the initial category of economic law,decides that the basic position is to achieve optimization of the whole interests of society by protection for economic rights,which is the essence of economic law.
Keywords/Search Tags:Economic Law, Initial Category, Economic Rights, Economic Power, the Whole Interests of Society
PDF Full Text Request
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