Democracy Conception Of Economic Law Research

Democracy is a timeless discourse with ancient tradition. Today, as the universalization of democratic value, any theory or system must accommodate the essence of democracy and accept the view of democracy. As the basic law form for state intervention in the economy, Economic Law can not stay out of the same. Discussing and developing democracy in the perspective of Economic Law, or using the spirit of democracy to improve and develop Economic Law, is not only the inevitable demand from Economic Law for further development but also the inevitable trend from democracy expansion to economy and law. This highlights the democracy issue of Economic Law. Democracy concept of Economic Law is theoretical, systematic and abstract representation for the democracy of Economic Law. Researching democracy concept of Economic Law is researching theory construction and practice operation of democracy of Economic Law to promote its own development and improvement of Economic Law and the continuing progress of economy and society.Implantation democracy into Economic Law must convert the field of democracy and response to the context and problem of Economic Law. Economy Law is the basic law form of state intervention in the economy and maintaining and developing the social overall interest, thus the core requirement of democracy of Economic Law is to construct democratic institutions for determining the legitimacy of state intervention and determining the certainty of social overall interest. Meanwhile, the democracy of Economic Law is also bound to restrict state intervention to ensure the legitimacy of state intervention, and strive to maintain and develop the social overall interest to ensure the certainty of social overall interest. Democracy of context and problem of Economic Law constitute the logic see of researching democracy conception of Economic Law, and provide the most basic discourse system and problem field for developing a democratic theory with reflecting knowledge and position of Economic Law and adapting to the practice requirement of Economic Law.The theory construction of democracy conception of Economic Law originates in the determining demands of the legitimacy of state intervention and the certainty of social overall interest. State intervention advocated by Economic Law is the result of using the right of state intervention, and asking the legitimacy of state intervention is the inevitable requirement of substantive in Economic Law. Determining the legitimacy of state intervention should only resort to the review process tradition with the core of democratic institutions, which asks that Economic Law must have its own unique democracy concept; the fundamental law benefit of Economic Law is social overall interest, and the fundamental purpose of Economic Law is maintenance and development of social overall interest. However, social overall interest is fuzzy, causing enormous difficulties to the system construction and practice operation, and needs certain mechanisms and procedures to be determined. Determining the certainty of social overall interest should only resort to form judgment with the core of democratic institutions, which asks Economic Law must have its own unique democracy concept.Researching democracy concept of Economic Law, we must select the appropriate democratic theory as the basis of democracy. As the most recent democratic theory, deliberative democracy combines of direct and indirect democracy, and continues the democratic spirit of the times, and it may represent the future direction of the evolution of democracy. In addition, deliberative democracy in political and social practice has gained obvious success. The theory essence of deliberative democracy is public participation and rational consultation. Public participation is the logical premise of rational consultation and rational consultation is the inevitable result of public participation, which both connects to each other and constitutes the essential feature of deliberative democracy. Construction democratic conception of Economic Law in the foundation of deliberative democracy will be more conducive to determine the legitimacy of state intervention and the certainty of social overall interest. This is not only the development trend of modern democracy, but also has successfully responded to the development issues of theory and practice of Economic Law. Democracy conception of Economic Law based on deliberative democracy must show the democracy of Economic Law y as a deliberative democracy, and deliberative democracy as the basis to construct democracy conception of Economic Law is deliberative democracy conception of Economic Law.Based on social public nature and social overall interest, democracy of Economic Law and deliberative democracy, in essence, are against the background of each other. Implementation of deliberative democracy in the Economic Law field of should also stress the social public nature and maintain social overall interest. To construction democracy conception of Economic Law on the base of deliberative democracy is fit to the nature and democratic orientation of Economic Law. To the theoretical perspective of deliberative democracy to construct the democratic conception of Economic Law, Economic Law will inevitably require public participation and rational consultation on the overall absorption and accuracy digestion. Deliberative democracy conception of Economic Law means as follows: First, the government and the market participate in decision-making and action of market public affairs, rather than any one individual, which is public participation in deliberative democracy conception of Economic Law; second, in the context of participating in the market public affairs, market and state based on the ration make and act decisions by consensus in the common public affairs ,or at least reach consensus with some reservations in full consultation, which is rational consultation in deliberative democracy conception of Economic Law. In the specific context of Economic Law, public participation and rational consultation are two interrelated and inseparable theory meanings in the deliberative democracy conception of Economic Law. Public participation and rational negotiation in deliberative democracy conception of Economic Law settle down to the determining legitimacy of state intervention and certainty of social overall interest requires, whether it is state intervention or social overall interest should deduce and start in the theory latitude and practice toward in deliberative democracy. Further analysis shows that the theory quality of deliberative democracy conception of Economic Law are as follows: first, democracy conception of Economic Law requires the relationship between state and market from no trust, cooperate to mutual trust and mutual cooperation; second, democracy conception of Economic Law contains the concept of social justice, and the conception of social justice is the necessity toward for democracy conception of Economic Law. Only reasonable and accurate view the quality of democracy conception of Economic Law that we can have a complete grasp of democracy conception of Economic Law.Democracy conception of Economic Law on the basis of deliberative democracy must be to practice, tested by practice and gain continuous improvements in practice. The basic principles in practice of democracy conception of Economic Law is as the democratization of state intervention for axis, as regulation the right of state intervention and expansion of market participation for two wings and as maintaining and developing the social overall interest for goal. The general mechanism in practice of democracy conception of Economic Law contains determining mechanism of social overall interest, civil representation mechanism, consultative process mechanism, hearing procedure mechanism and public interest litigation mechanism. Clearly, the practice of democracy conception of Economic Law is much more complex than the theoretical construct,thus it must gain continuous development and innovation under the guidance of the basic principles and overall mechanism as above.