Study On The Operation And Procedure Mechanism Of Economic Law

Economic Law is a substantive rational law or responsive law but not autonomous law or formal rational law,which is distinguished from traditionalistic law such as Civil-commercial Law and Administrative Law.Economic Law rebel to the traditional rule of law mode.The inevitable substantialistic tendency of Economic Law will certainly result in many dissensions and conflicts of law in the practice and theory,such as ones between closing and opening,certainly and change,universality and particularity,force and voluntariness, legitimacy and standardization of state intervention.facing above problem,the author believe that the legal procedure mechanism will be the effective approach to tackle the dilemma in the operation of Economic Law,it can remedy the short-coming of Economic Law.The state intervention will be controlled by the rule of law.At first the author summarizes the theory and practice foundation of the thesis and comments on the fruit about operation of law.This is prepared for the next exposition and argumentation.Citing Max weber'theory of ideal types of law,the author sums up formalistic development of law and analyzes some problems,such as law why and how to be formalized,modern law why to be anti-formalism.The author compares legal rule with legal standard,formalistic legal reasoning with substantialistic legal reasoning,purity of legal theory with mixture of legal theory to show the substantialistic characters of Economic LawAfter clearing off theoretical paradigm of Economic Law,the author analyzes the theory dilemma and conflict.based on the above arguments,the author put forward the legal procedure mechanism to solve the dilemma of substantiation of Economic Law.By using equal conversation and democratic consultation as decision-making and public choice,dialogue,compromise,negotiation and independence or autonomy become the main mechanism of Economic Law procedure. Its basic principle is justice,open and condition superiority.Institutionalization or regularization is the eventual way to all legal problems.The thesis analyzes the principal system, subject system, message and information system, dialogue and hearing testimony system and decision system of Economic Law,and also put forward some tentative suggestions about construction of Economic Law.The basic conclusions of papers:the legal procedure mechanism is important for the substantialistic operation of Economic Law because it is a basical rule for law. The innovation of papers: the legal procedure mechanism is the effective way to unity of substantiation.and formalization of Economic Law.