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Redistribution Of Economic Law

Posted on:2013-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:C FuFull Text:PDF
GTID:2246330362973770Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The allocation of interest resources is a concept which includes rich connotationand extension. It intuitively represents social wealth including natural resources, socialproducts and related interests and dynamic economic processes transferring andallocating between different social subjects. Specifically, allocation contains the initialdistribution and redistribution. Initial distribution belongs to the concept of theallocation within the economic sphere. It refers to the possession and using relationshipof production factors and products in the specific production process. Redistribution,also called the allocation of social transfers, refers to an income re-distribution processon the basis of the results of the initial distribution between different subjects. It’s also afactor income re-regulation process. Redistribution results directly reflect the finalpossession status of social welfare and interests between all members of society in acountry. It directly affects the vital interests of every member of society and also closelyrelated with the country’s stability and development. Discussion on the redistribution ofthe legal system has become an important historical and realistic proposition.Being basing legal protection of market economy, civil and commercial law ismainly to solve the initial distribution problem, and is useless for imbalance betweeninterests in the process. Economic Law norms and protects national regulation ofeconomic. That decides it will adjust the interests of the community relations. Thepursuit of substantive justice, is redistribution of interests on the results of the initialdistribution. Economic Law fully respect the interests and rights allocation of civil andcommercial law and other legal from the overall social efficiency and social equityangle. And make re-adjustment and correction. It’s a kind of redistribution of socialresources and interests under the existing legal order.As an emerging legal department under modern market economy conditions,Economic Law is placed in a specific time and space conditions. It presents its owncharacteristics on the re-allocation of natural resources and social benefits. First of all,as a legal form of state intervention in the economy, Economic Law’s correction mannerof the initial distribution of the imbalance of interest including a mandatory way andany way. Secondly, Economic Law directly assigned to group interests that has bothsocial and public nature. Lastly, beyond the goal of fairness, efficiency, and othertraditional legal value, balance of interests is the redistribution goal of Economic Law. It emphasizes more on the reasonable state of interests relations of society. And focusmore on the rationality of the structure of interest.As a product of socio-economic development and law, Economic Law’sadjustment of social relations is unique. That decides the values and the justice conceptbased on it will be different from the other departments of France. Economic law is inpursuit of substantive justice values. It is a law that to trade-off, to confirm and protectthe distribution relations of interests in the community. Adhere to the principle of theoverall interests of national redistribution different Economic Law’s regulatingorientation from other laws. In addition, Economic law can adjust the redistributionrelationship does not mean that all redistribution relationship is subjected to arbitraryadjustment by it. In the process of adjusting, Economic law not only face with theredistribution limit between countries, businesses and individuals, but also face withthe limitations of limited government rational ability to regulate.Each of economic law’s sub-sector law, has the redistribution function. MarketRegulation Law protects their redistributive function’s realization by removing marketbarriers, recovering free market competition mechanism, canceling the profits ofmonopoly and unfair competition, and improving similar competitors operatingincome and consumer surplus. National Investment Management Act adjust the overallstructure and operation of the national economy to achieve their redistributive functionby using its own assets directly into certain economic sectors and reproduction of aparticular aspect and engaging in business activity in accordance with the intention ofnational economic regulation. To the axis of the "national plan-economic policy–regulation manners”, National macro-control law re-adjusts social resources andinterests from the view of the overall country’s to achieve its redistributive functionthrough various means of regulation, such as national plan, finance, tax, financial,industrial policy, price controls.
Keywords/Search Tags:economic law, function, social benefits, redistribution
PDF Full Text Request
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