Open Economic Law In The Social Qualities

It is very difficult to search the essence of something on the epistemology. As a kind of method which would not knot fruits,researchment to the essence will sink into "poorness".So we shall abandon essence doctrine to search truth.But people has to try hardly for certain depth result.In order to solve the difficult problem,we may consider to give the attribution near to hypostatic meaning as "special attribution" which can be used to differ one thing from other thing.After special attribution is introduced to research scope of economic law,we can find out special attribution is different from the essence and the characteristic of economic law.Special attribution which be of prevailing characteristic and compatible characteristic and basic characteristic may embody existent value of economic law and explain creation and development of economic law.So economic law can be distinguished other legal branches.Special attribution of economic law is the basis to differ from other legal branches.Jurisprudence of economic law substantially is a course to study and display special attribution of economic law.Nowadays,related study to special attribution of economic law is mostly combined with the research to essence of economic law.Professional research is rare.In other countries of continental legal system which considers economic law as independent legal branch,it is also very rare to discuss special attribution of economic law.But it wouldn't deter us to investigate deeply special attribution of economic law.Then we can increase material of positivism and falsification.Creation and development of law is founded on particular social relations to solve special problems which is caused by particular social relations.Since economic law is created,it is involved in the problem of relation between nation(but not only government) and market in all time.We shall understand correctly the relation between nation and market in market economy because the recognization influences directly valuable choice and existent meaning of economic law."What is special attribution of economic law?" This problem means actually the relation between nation and market.It is same to study special attribution of economic law and relations between nation and market.The right opinion has to take into a certain theory.Open social theory provides more excellent analysis tool of reasonableness for us knowing relation between nation and market.Open society and close society are not only concrete social type but also thought about different social order.Open society is founded on criticizes rationalism philosophy.Close society is founded on historic decision theories and essence doctrine.Open society theory is supplied to analysis reasonably relation between nation and market as the best footnote.There are blemishes in market mechanism.National intervention can't be blindly admired as "the formal hand".Market fundamentalism and national interventionism are typically close social thought.Should we adopt market competition of laissez-faire or national intervention to market? There are so many conflicts that it isn't possible to make a better choice.In open society,Ideal level on co-action of national intervention and free market is not decided by unchangeable principles,but should depend on experiences which are got by try and failure.Then we can adjust corresponding policy.So together function of nation and market can be created to allocate resource.Through depending on economic law to control behavior of government and confirm the function of market,we can jump double traps which are blemishes of market and government by preventing from irregularity of government and blemish of market.It also means economic law should response the problem on relation between nation market.Therefore,economic law is born in close society and matures in open society on answering the question that how to handle the relation between nation and market,in while,different economic legal theory is produced.In close society,national intervention theory spread widely in economic legal theory in a long period.After the social develops to open,the opinion that state has completely rational is given up in jurisprudence of economic law.The opinion that reasonableness of state or government is limit is emphasized."Need national intervention theory" has influenced widely in jurisprudence of economic law.Theories indicate development direction of economic law.It is clear that special attribution of economic law has changed from close society to open social and that people's reasonable opinion has also changed.In light of different social type and thinking mode,special attribution of economic law can concretely be divided into special attribution of economic law in close society and special attribution of economic law in open society.The former is national intervention to market(economy).In the social,the most basic attribute in economic law is national intervention to economy on law.After close society is changed to open society,special attribution of economic law shall adjust to prevent market from braking itself and to prevent state from braking market.While special attribution of economic law occurs to change, its contents is also increasingly abundant.Special attribution of economic law in open society includes both contents that one is state intervention market to treat blemish of market and the other is state interfere itself to treat national blemish. In the structure,nation intervention market and nation intervention itself are both types of relations which should be in same level and be not antinomy,but complement and moderate.The coexistence means reasonableness attitude and careful mental of mankind to themselves.Special attribution of economic law in open society is different from special attribution of civil law and administrant law and social law,etc.Various special attribution of economic law influences deeply adjustable object and basic principle of economic law.To the former,economic law adjusts not only the certain economy relations,but also the certain administrant relations.To the latter,legal intervention principle and interfering appropriately principle are both new and necessary basic principles in economic law in open society.There is new demand for special attribution of economic law to rule of law in open society.These requirements concretely include worth and system.The worth requirements means basic values or principles to guide economic legal practices,including such as economy freedom,economy order,rule of economic law and economic democracy,etc.The system requirements means a serious of new systems which are according with development of open society.These important systems include economic constitutional order system and economic legal procedure system and dividing and limiting government's power system and public participate system on economic legislation and enforcement and litigation.