| A financial crisis alarmed the economy of China once again in2009。Delegates and experts appealed on that it’s imperative to reform the economic development system in China during The National People’s Congress and The Chinese People’s Political Consultative Conference. The5th Session of the17th CPC Meeting emphasized that we should accelerate reformation of economy development system, and kept it stable in a high speed. Under this background, Economic law scholars carried out researches whose theme is the protection of transforming economic development system in economy laws. Some scholars insisted that economic law was formed to regulate national intervention in the economy. In order to ensure a smooth transition of economic development, the government should use its power to strengthen macroscopic control, regulate market conduct, Safeguard the interests of society as a whole, guarantee a health and stable development of economy. Chinese scholars’ opinion is closely related to the insisting of accelerating transplant of laws in developed areas and also has a close relationship with the thinking to build a socialist legal system with Chinese characteristics. This viewpoint is without fault, furthermore, this method has promoted the establishment of China’s socialist market economy legal system in reality. But this theory still has significant deficiencies. Measures of transforming the economic development system in China have little effect, this leads to difficulties in carrying out a number of economic law or citizens’ evading conducts.So the author considers that the view of insisting economic law is a legal theory to study the relationships formed in State’s intervention in market operations is hard to handle relationships between countries, enterprises and individuals in economic operation. Meanwhile, it may force economic legislation likely to deviate from the essence of economic law. Transformation of economic development system requires safeguard and improvement of people’s livelihood as a fundamental starting point, which is consistent with the people-oriented theory in concept of scientific development. We must notice that economic law should provide a type of conduct to meet the needs of fundamental interests of citizens and satisfy their requirements of economic development, if we want to make the transformation of the mode of economic development successful. If the fundamental factor is abandoned, no matter how perfect the economic law system is designed, how it completely obeys the essence of Western law tradition, how it’s in line with the trend of world, it may still become a "castle in the air" and nobody cares.Economic law is formed in large-scale socialized production process to regulate various interest relationships between economic activity subjects when they are creating and sharing social wealth. Economic activity subjects mentioned here include government, enterprise and individual such labor subject. The essential difference between economic law and traditional civil law, criminal law, administrative law is that economic law focuses on the basic factor-labor in large-scale socialized production process, maintains the right of workers. The economic law protects development of labor ability by regulating distribution of new-increasing social wealth which is created by workers. It shows apparent characters of modernity, development and cooperation. Promoting transformation of economic development pattern requires a combination of the actual situation in China to build economic law with Chinese characteristics. What is concrete is to break the shackles of the traditional legal theory, have a new understanding of economic law, we should not only create individual ownership and labor right, and also build a economic law system in line with economic development rules, and improve economic litigation law, protect workers’ labor right, improve workers’ ability to work, and finally promote the transformation of economic development pattern. |
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