Use Of The Epistemological Basis Of The Generation And Development Of The Law Of The Unity Of Opposites Resolution Economic Law

Since the concept of economic law was introduced in China, it has been thirty years, counting from the beginning of reform and opening-up. Now, the status of economic law as an independent legal department in China's whole legal system has been admitted widely by scholars and Legislature. However, the questions that why does economic law exist in China and which direction should it develop to in future, remain in dispute and in confusion. There are many methods to solve this problem, but the author believes that Marxist doctrine of the unity of opposites and its idea of constructing harmonious legal system are the keys to analyze the generation and development of economic law. One important thinking in this thesis is that it must follow the law of the unity of opposites revealed by dialectical materialism, to uncover the principal contradictions in economic law, and to make the innovation of the theories and institutions of economic law adapt the need of building the socialist harmonious society in accordance with the thought of constructing harmonious legal system.The contradiction is an important window to recognize the development of things. Therefore, this thesis will take social and economic contradictions as the point of penetration to examine the epistemological basis of the generation and development of modern economic law. There are various contradictions in economic law, which is deemed as the basic legal form of dirigisme, and the decisive influence of the movement of these contradictions to the generation and development of economic law is also various. But in these various contradictions, the author holds the view that the most important ones are the four principal contradictions between the political state and the civil society, the government and the market, the autonomous rights of the enterprises and the regulatory power of the government, and the economic democracy and the economic concentration. It is just the four principal contradictions which push forward the generation of the economic law, and economic law develops continually through solving the four principal contradictions.This thesis is made up of introduction and four parts, and has about 60,000 characters .In the introduction, the motive, purpose, angle of view, method and significance of the research are expressed in turn. Based on the thinking of constructing the harmonious system of economic law, this thesis analyzes the epistemological basis of the generation and development of economic law from the four principal contradictions above mentioned. The logical sequence is as follows: first, from the aspect of idea analyzes the unity of opposites of the political state and the civil society; second, from the macroscopic aspect analyzes the unity of opposites of the government and the market; third, from the microcosmic aspect analyzes the unity of opposites of the autonomous rights of the enterprises and the regulatory power of the government; last, from the operating aspect analyzes the unity of opposites of the economic democracy and the economic concentration.In the first part, this thesis analyzes the important idea of the generation and development of economic law, which is the unity of opposites of the political state and the civil society. After reviewing the thread of the theoretical history of the relation between the political state and the civil society, this thesis analyzes the conflicting relation of the public right and the private right with the changes of the relation between the political state and the civil society. Then, on the basis of clarification of the cognitional misunderstandings about relation between the political state and the civil society, this thesis interprets the connotation of the idea of the unity of opposites of the political state and the civil society, and illustrates the important directive meaning of this idea to the development of economic law.In the second part, this thesis analyzes the start point and end-result of the generation and development of economic law, which is the unity of the opposites of the government and the market. After the comparative analysis of the two basic hypothesizes about the view of the government's ability, which are the government full ration assumption and the government limited ration assumption, the author holds the view that the development of economic law should avoid "government worship" and "government pessimism" and points out that the development of economic law should base on the right recognition of the "government failure", and puts emphasis on the particularity of the "government failure" in China. Then, after reviewing the cognition history of the effect of the market by economists, the author holds the view that we should avoid the "market worship", and points out that the development of economic law should base on the right recognition of the" market failure", and puts emphasis on the particularity of the "market failure" in China. At last, this thesis examines the current situation of the contradiction between the government and the market in China, and from the angle of economic law proposes some conceptions about establishing the unity of opposites and benign interactive relationship of the government and the market.In the third part, this thesis analyzes the key of the generation and development of economic law, which is the unity of opposites of the autonomous rights of the enterprises and the regulatory power of the government. This thesis first looks back on the formation of the autonomous rights of the enterprises from the field view of the economic law, and analyzes the conflicting relationship of the autonomous rights of the enterprises and the social responsibilities of the enterprises, and examines rationally the extreme views about the autonomous right of the enterprises which exist in China currently. Then, from the field view of economic law, this thesis analyzes comparatively the theories of the regulatory power of the government in planned economy and in market economy, and introduces the recent development of the theory of the regulatory power of the government in western countries. At last, this thesis carries on an empirical analysis on the border of the autonomous rights of the enterprises and the regulatory power of the government through two typical cases and on the basis of examining the current situation of the relationship of them, from the angle of economic law the author puts forward some arguments about establishing the unity of opposites and benign interactive relationship of the autonomous rights of the enterprises and the regulatory power of the government.In the fourth part, this thesis analyzes the important security of the generation and development of economic law, which is the economic democracy and the economic concentration. This thesis first analyses theoretically the unity of opposites relationship of the economic democracy and the economic concentration. Then, this thesis carries on an empirical analysis on the relationship of the economic democracy and the economic concentration, examines integrally the trend of economic democratization in the whole world , the current situation of the contradiction of the economic democracy and the economic concentration in China , and the changes of the traditional centrally economic system and the main obstacles in realizing the economic democracy in China. At last, from the angle of economic law the author brings forward some suggestions about establishing the unity of opposites relationship of the economic democracy and the economic concentration.