Legal Issues On Industry Promotion Policy

In response to the 2008 global financial crisis, in early 2009, China Government promulgated the "Ten Industry Promotion Policies", to adjust the top ten industries, achieve the targets of expand domestic demand and maintain growth. After the "Ten Industry Promotion Policies" enactment, scholars mainly from the aspect of industrial economics to research it. To ensure the implementation effective of the "Ten Industry Promotion Policies", a more comprehensive understanding of problems the "Ten Industry Promotion Policies", this paper from the perspective of macro-control law, learning from successful experiences of other countries,on the basis of actual conditions in our country, analysis the major legal issues in the "Ten Industry Promotion Policies". Hoping to perfect the "Ten Industry Promotion Policies" or do some thing to the development of China's industrial promotion law that in the future.In this paper, the object of study is the "Ten Industry Promotion Policies", through empirical analysis and comparative analysis, obtain legal advices of perfect the "Ten Industry Promotion Policies". Except the introduction and conclusion, this paper consists four parts.The first part:theoretical analysis of the Industry Promotion Policies. First, theoretical analysis of industrial policy and law of industrial policy, elaborates the relationship between the policy, policy law and law, analysis the relationship between industrial policy and Antimonopoly Law. Finally, briefly analysis the nature and content of the "Ten Industry Promotion Policies".The second part:the content is some legal issues in the "Ten Industry Promotion Policies". Including:the "Ten Industry Promotion Policies" low rank, if could increase the plan into law; the science about development subject, process and the basis of choose industry; enforceability of the "Ten Industry Promotion Policies", convergence with Monopoly Law; the role of local government, evaluation and supervision mechanisms of implementation effectiveness and other legal issues.The third part:learn successful experiences in industrial polices about other countries in order to do some help to our industrial polices. Japan is the most successful case of using industrial polices in the world, its unique system of officials and the public consultation, provided a powerful guarantee to implementation effectiveness and content development of industrial polices. U.S. Antimonopoly Law is more perfect on a global scale; Monopoly Law is an important part of industrial organization law. South Korea used industrial policy, jumped from a poor agricultural country to become "Asia's four little dragons" in three decades. Successful experiences of these countries that we can learn, while also avoiding its industrial policy failures.The fourth part:legal advices to perfect the "Ten Industry Promotion Policies". Based on the analysis in the third part and the actual situation in our country, propose the following legal advices:First, pay attention to the development of the industrial policy, timely development industrial revitalization law, reflect the requirements of the industry; Secondly, in the development process of industrial policy, public participation should be strengthened to improve the scientific; Third, we must grasp the moderation, to prevent excessive government intervention in the industry and to strengthen contact with related systems, to prevent other negative effects of industrial revitalization; Finally, improve the content of industrial revitalization plan, strengthen the evaluation and supervision mechanisms of implementation effectiveness, to ensure the implementation effective of industrial revitalization plan.