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Normative Analysis Of The Economic Law Behavior

Posted on:2013-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:S J YuanFull Text:PDF
GTID:2246330371484317Subject:Economic Law
Abstract/Summary:
In the horizon of standardization for legal theory, the maturity of laws is always depends on the basic idea of the accurate degree. Jurisprudential study should be start from the most basic legal concepts, and end to the correct analysis, and construction of their own theory system. Its basic law interpretation in general elements consists of the "main body, behavior and responsibility" under the regulatory framework. As the basic concept of economic law, it is the main body of responsibility and the connection bridge, also it is the value tools and technology device to realize the economic law benefit the drafting in the target. Its importance is self-evident, and should be put a wide range of theoretical concern and academic research into it to form economic law behavior category and theory, to construct economic system of legal act, and promote the improvement of the economic law theory and logical self contact.However, the academic circle its concerns are not enough, the research is not deep, didn’t get like economic law regulating object of economic law responsibility economic law relations that due attention and research into. Our country economic law behavior research started more early but slow development, the early stages of economic law because of the lack of legal act to traditional concept lead to economic law institute of general legal behavior owes inadequate understanding. Moreover, it cannot agree very well with the behavior of the economic law trait innovation, economic law in teaching materials and economic law journal few special authorities discuss. A few a special study of the behavior for economic laws, and pure adhere to the traditional theory of legal act, neglecting economic law behavior of personalities and lacking of explanatory and guiding force with the full development of the economic law behavior scientific understanding. It is still an open problem.The lack of scientific methodology guidance caused it cannot be made an effective, convincing analysis and probe economic law concept and studying its normative kernel. It is difficult to realize the public to justify, generally acceptable legal regulation and system as the research object of normative analysis method, for good at through the conceptual analysis and logic analysis complete legal system oneself value analysis, should be used as a research method of the economic law behavior guide, and used to make up for the deficiency of the economic law behavior research.The origin of legal behavior of the modernization of the legal language development within the territory of the multidimensional etc. can obtain legal behavior of the general concept. Legal behavior is the legal standard by the main body which will control and happened to certain laws has the legal effect of the significance of behavior. With the three following factors:the law, the legal behavior are the legal standard of the adjustment by behavior; Mean elements:legal behavior is influenced by subject will control behavior; Legal effect factors:the legal behavior has can produce change destroy legal relationship legal effect. Economic law ACTS in economic law field of legal acts the most superior’s concept. From the extended view, it will be defined economic law behavior in economic law within the standard, based on the economic management theme. Public will express or the market main body limited autonomy of economic law of effect has in the behavior under concept, subjected to standard economic law within the texts selection of economic management behavior, then according to the economic law behavior standards of behavior in the main body behavior content behavior results, the selection of the market regulation of the People’s Republic in the field of the anti-unfair competition law antitrust law of the product quality law and in the field of macroeconomic regulation of the People’s Republic of China law budget text to regulate the market regulation in behavior and macro-control behavior analysis lists. Using the basic research methods normative analysis methods, combined with general legal behavior of the core elements from economic management of the main body of the behavior characteristics of the character of economic management behavior and economic management behavior of the patriarchy configuration legal assessment, three paths to economic law behavior analysis on economic management behavior of interpretation subject are based on economic law specific provision or authorized have economic power (right) public economic organizations. In certain stage, it has the qualitative characteristics, but in essence is independence open problem. According to three character features of economic management behavior of social public procedural democracy, the economic management decision-making behavior economic management, executive behavior economic management and supervision on economic behavior management behavior of right from the legal perspective, this configuration of economic management behavior interpret economic management activities have integrity legal effect of economic management behavior of law to should be blamed to use program legitimacy principle.
Keywords/Search Tags:Legal behavior, Economic law behavior, Economic and managementbehavior, Normative analysis
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