The Legal Principles For Macro-Regulation Power

The modern society has witnessed a great leap from planned economy to market economy. However, the market economy has innate disadvantages. When the market functions out of control, the country should practice macro-control activities so as to make up the losses the market economy brings. In order to make macro-control activities to serve the people, the regulatory should be entrusted with the macro-control power which covers macro-control decision-making power, the executive power and the supervision power. However, the nature of power makes it possible that anyone who is available of power might abuse it;hence, it should be effectively regulated from the perspective of the law. The manners of the legal control of the macro-control power include:the perspectives of substantive rights, legal procedures and legal responsibilities respectively. Of course, the premise of the legal regulation is the Basic Law of macro-economic, so we should formulate the law as possible as we can. The macro-control power can be effectively regulated from the perspective of the law.This thesis is composed of four main parts. Part one is the legal analysis of the macro-control power including the legal connotations of the macro-control power, the executive subjects of practicing the macro-control power and its basic content. This chapter differentiates macro-control and market regulation, macro-control and government regulation, introduces that the executive subjects of practicing the macro-control power are the National People’s Congress and the Standing Committee, and the State Council with its departments, with the exception of local governments.Part2is the legal control of the macro-control power from the perspective of substantive rights which includes external constraint and internal constraint; the former one is constrained from the aspects of economic rights and political rights and the latter one is constrained by decision-making power, executive power and supervision power.Part3is the legal control of the macro-control power from legal procedures, such as the basic requirements of practicing the macro-control power, as well as the procedural rules of practicing macro-control decision-making power, executive power and supervision power.Part4is the legal control of the macro-control power from the perspective of legal responsibility.