Research On Regulation Of Our Industrial Structure Adjustment

Reform and opening up more than 30 years, China's economic and social development to get fast, but economic developing potential deep problem increasingly exposed. Irrational industrial structure, high resource, energy consumption industry, declining industry proportion is very big,which will severely restricts the development of our country's economy and society, using legal means to accelerate the strategic adjustment of industrial structure of our country has become a top priority.This article mainly from the three major part introduce the industrial structure adjustment the rule of law. one mainly expounds the first part of the industrial structure of the general theory and in our previous and present in the process of economic development, promote the development of economy is the main industrial policy, the government plans, this kind of means already far cannot adapt to the practical needs of the economic development in our country. From industrial structure development and change of general rules to see:especially in the industrial society, secondary and tertiary industries since rising proportion of the proportion of the first industry continue to drop, the beginning of the industrial structure change is spontaneous later is human with targets, plans, use different policies to actively promote legal system.The second part of the principal about foreign experience, in market economic development relatively complete national regulation mechanism, market spontaneous, or relatively sensitive markets can quickly through their own internal adjustment mechanism deal with problems in its progress, but it also has many difficult process. Even so, these countries also are by formulating relevant regulations and laws to lead the market, protect the market economic order, protect fair competition, thus make economic democracy full of vitality and vigor. More countries are using law means, this initiative between "visible hand" and "invisible hand" to protect the middle power, and maintain the order of the market economy, and promote economic rapid development. Germany and Japan, the leader, Germany in world war ii have established more before the law, especially the postwar industrial adjustment by formulating relevant industry, law, the social economy had a rapid development. Japan is using the most important legal means to promote economic and social development. By formulating relevant industry temporary measure, small and medium-sized enterprises promotion law and other laws and regulations, the different stages of divided industry development, each phase determines different leading industries and competitive industries and declining industry, in view of the different industries using different legal policy, or push, or aid or restricted, very well realized the optimization and upgrading of industrial structure, economic also has been developing rapidly.The third part of our industrial restructuring plan was:China as a market economy is not development underdeveloped countries, both cultivating and developing market economy, bringing the market spontaneous adjust action, also want to actively avoid market failure caused confusion and disorderly state of economic development. In addition, the traditionally not value law, administrative behavior, often casual interfering economy off-side or absence. These aspects in more increased by economic law means, adjust the industrial structure of the necessity of promoting economic development.In the industrial structure adjustment, actively learning western successful experience, using legal means, to accelerate the industrial structure optimization and upgrading in China, the most important is to learn Japanese experience, and combining the actual conditions of our country to establish the industry adjust legal policy, a clear economic development phases, different stages of the dominant industry, competitive industry, comparative advantage industry and declining industry, according to the different industry body the rights and obligations of adjustment, by the aid, promote or restrict its development scale and speed, so as to realize the optimization and upgrading of industrial structure, shorten the spontaneous development of market economy required of industrialization and modernization for time.