The Study On Legal Regulation In The Power Of Government Behavior Intervening In The Market

From the source of national power, people bestow their natural right to the state inorder to form the national power, because they want to solve the conflicts of interestthrough a certain behavior of the state, then to bring their own "peaceful and comfortable"life and promote their own development. In this sense, the acts of government power mustbe a series of government behaviors for a certain acts, which the government relies on thedominance power to support. Any acts of state are finally supported by its power whichhas been given before, the acts of government power starts to move from the unifiedpolitical functions towards dualistic: it not only extends to the political, military, economic,cultural, technological, medical, health, social security and other areas of stock interestcost, but must deal with something like managing and maintaining market order, achievingbetter in the international economic competition and seeking to maximize the benefits inthe market economy and other creation problems of social overall benefits increment.The relationship between government and the market is not static, it’s only relativelystatic. Firstly, when the economic growth in the period of constructing of market economy,the powerful intervention in the market and integration of resource of government canaccelerate the formation of economic market. Secondly, when economic growth in capitalaccumulation period, the government has given sufficient autonomy to the market to playits role in market mechanism, that can accelerate the accumulation of capital markets.Thirdly, when the economy is in the saturation stage, the government should participate inthe market competition as an economic body to further accelerate the development. Thecountry is now no longer a single political state, act of state in addition to keep the originalrule management operates, it also had to intervene in the market economy, to turn up thecreation of incremental benefits.Legal cannot regulate all behaviors or adjust all relationships, once a certain behavioror relationship regulated or adjusted by law, it has to follow the “body-behavior-consequences" elements to study. In order to capture the overall behavior of the lawsregulating the countermeasures, the subject and consequences must be pointed in the study.The nature of government intervention into the market include: the managers of marketeconomic activities and those incremental benefits creation participant. Whether it is "act "or " omission", as long as act, there will be behavioral consequences and acts ofgovernment power in the market is bound to produce the corresponding behavioral consequences, positive or negative, such as the creation of social total incremental benefitsand the cost of the total stock of social benefits. So no matter what kind of behavioralconsequences occur, provisions need to be legal. On the one hand, the good behavior ofgovernment power should be given affirmative provisions. It should also enjoy the right toshare the incremental benefits and the government should also be given certain incentives.On the other hand, as a manager of market economy activities and the incremental benefitmanagers, the government should be given the provisions of negativity when the adverseconsequences occurs. That should start with four aspects: the revise of Chapter III of theConstitution, to improve the basic theory of economic law, the legal system of incentivecreation and the building of economic disciplines, to propose specific legal measures toregulate the authority of government intervention in the market behavior.