The Law Exploration And Analysis On The Validity Of Macro-control Action

The validity of macro-control action theory has important theoretical and practical significance. Validity of macro-control action is the lifeline of macro-control action, the study on validity of macro-control action is not only in favor of the legalization of macro-control action, but good for the understanding of macro-control action related categories considering the relevant between validity of macro-control action and macro-control action establishment, implementation, justiciability and so on. The social and economic background liking the international financial crisis appears again and the domestic real estate market waves in macro-control, demands to improve the effectiveness of macro-control action, complete the realization mechanism of the macro-control action effective quickly. Strengthen the study on validity of macro-control action is a necessary condition to achieve this goal. The present research on macro-control action validity is lack and lag. showing the urgency of this special research.This paper focuses on the fundamentality and systematicness. expanded on the natural logic as: based on defining the macro-control action, study the validity of macro-control action ductility, clear the validity basis, validity content, the scope ol’ validity, validity forms and justiciability ol’ macro-control action, hoping to form a complete knowledge of macro-control action validity.Research on the validity of macro-control action premised on the correct definition to macro-control action, while the academic mix understanding of macro-control action like macro-control action is often confused to macro-control and macro-control power leading directly to the unclear understanding of the nature of the macro-control conduct, cause the different identification such as the national behavior, administrative behavior, abstract administrative act, and decision behavior. In fact, as an important category of macro-control law, macro-control action is an unilateral obligation with meaning of macro-control. It is the policy macro-control decided which connecting the macro-control decision-making stage and macro-control implementation stage. Therefore the directly behavioral object of macro-control action is macro-control implement subject. Macro-control receptor is the behavioral object only when macro-control action made in legal form. The macro-control action is an important part of macro-control activities. The state’s using of the macro-control power is not completely demonstrated for the macro-control behavior.Macro-control’s legitimacy and necessity plus its modernity and public goods attribute explain the inherent rationality and external rationality of macro-control power as an independent "power". The macro-control’s different levels regulation of law admit the legitimacy of the macro-control power source. The two together laid the foundation of validity of macro-control action, and then determine the specific validity of macro-control action. The behavior of public law as validity carrier, with the macro-control power as validity source, macro-control action validity is different from the general legal validity, civil legal validity, the validity of administrative act. It presents its own features on the scope of validity, validity content,validity form and other aspect.The validity content of macro-control action is special focused on by this paper. As a public law action, the validity of macro-control action is similar to administrative action, but not including the execution. They are not consistent in de facto force, deterministic force and binding force on specific performance. First of all, with pursuit of substantive justice, benefit and win-win, macro-control action whose directly behavior object is state organs won’t cause damage to the private right from public power. so different from the administrative action’s limited de facto force, de facto force of macro-control action is complete. Secondly, the interest involved in macro-control action is more important, the object is more uncertainty, so the force without challenge of macro-control action is stronger than the administrative action while the force with no change is weak. Once again, the academia focus on execution leads to the continue expand both in connotation and denotation of execution, and the binding force is overhead. In fact, execution is the force guarantee behavior content being observed. Its emphasis on "security" rather than "abide by". Emphasis behavior objects to abide by behavior content is binding force’s task. Just as the binding force of judicial decision is also reflected as the criterion validity judgment of the court later, voluntary behavior more reflects as the result of binding force. So macro-control action ask state organs to obey macro-control law. fulfill all the tasks and responsibilities set by macro-control action, is embodied of the macro-control behavior binding force. The "security" characteristic requests execution must be characterized by mandatory, and the "security" power can be obtained from other approaches without being with all behaviors, like internal standards as internal administrative act and abstract administrative act. So the macro-control action as an internal standard does not have executive force.The scope of validity of the macro-control action shows different characteristics according to the different behavior means. Overall. in the temporal validity, it is more timely; in the spatial validity, it’s more widely in range and the conllict of jurisdiction and the interregional conflicts is more obvious; the human body validity more emphasis on role orientation. The macro-control action has full de facto force, Therefore its requirement of establishment and validity are same, there is not invalid problem, so macro-control action’s effect form does not include invalid. Inherent complex characters of macro-control action, essentially internal specification properties decided macro-control action is not accusable. Only macro-control action subjects can determine the failure of macro-control action. The macro-control action non-actionable is not equal to the macro-control law can not be prosecuted. The macro-control law can be ruled by defining the constitutive requirements of macro-control action. Namely the court can judge a macro-control action by observing whether the subject is qualified, the behavioral expression is standard, and the decision-making process is legitimate. So as to influence the validity of macro-control action. While for the same using behavior, macro-control execution action, can be ruled by the administrative law, civil law, criminal law and other legal norms according to the different nature of behaviors. Thus the comprehensive legal regulation of macro-control power can formate, macro-control can be ruled by law.