The Ability To Work Right For The Kernel: The Dominant Position Of Countries In The Economic Law Perspective

The Status of Economic Law as independent legal branch has been questioned all thetime. One of the seasons is that the Economic Law has not formed its theoretical frameworkor essential theoretical basis. Meanwhile, the majority of the scholars in the field of economiclaw take this law as their research focus. They didn’t drill down to the substance of it to doresearch and analysis. As a major part of the research on the basic theory of the EconomicLaw, more research and attention should goes to the subject system of the Economic Law. Atpresent, the academy of Economic Law are mostly admit that the state is an important subjectin the economic legal relationship. However, the researches on the economic legalrelationship of a great number of scholars only stay on the surface instead of looking into itscore and implication, namely ignoring the difference between the subject of Economic Lawand that of the other Departmental Law. This could lead to a confusion of the economicmanagement behavior of the state in the market economy and the administrative behavior ofthe state as a subject of administrative. The uncertainty of the segregation of duties in theEconomic Law will directly affect the healthy development of the socialist market economy.Therefore, the status of our country’s Economic Law should be confirmed. The defining ofthe subject status does not based on the state itself, instead it.From a historical perspective, this dissertation tends to analyze the change of the subjectstatus of the state in different periods, displaying a fact that the state is playing different rolesunder an environment of global market economy. One of the state functions is to regulate themarket economy and get involved in the market economic activity. While, participation in themarket economic activity is susceptible to manipulation of the Economic Law. Nowadays, ina society with economic globalization, global marketization and market competition, the stateis also a part of the main body in creating the incremental benefits. The state has to getinvolved in the market economic activity, working for the integral benefits. The proposal ofsummarizes the connotation and extension of the subject of Economic Law. It has greatsignificance to firm up the status of the state in the economic legal relationship as the right ofwork force. The role of the state in this circumstance is not the power subject or civics withproperty right. The Economic Law adjust the relationship of Increasing Benefit， thus thestate has to get regulated by the Economic Law. Scientific orientation of the state and the lawhas a great significance to the social equity and modernization strategy.The construction of the structure can support the theory in some degree. By analyzingthe differences of the economic activities in which the state involved, combining the theory of the right of work force and the current situation of China, this dissertation tend to come upwith a idea of the construction of the state institution in the view of economic law to make asmall contribution to perfect the theory of the Economic Law.