Research On The Consultative Law Enforcement System Of Chinese Economic Law

The development of our socialist market economy and the deepening of our politicsystem reform,promote the diversification of social interests and values,the development ofdemocratic politics,the unceasingly strengthens of consciousness on rights of citizens.And allof these that demand the government can not only rely on force and violence in socialgovernance,but should pay attention to civic will and demand,and attach importance to theirfunction in social government.In the field of administrative enforcement,somenon-compulsory enforcement approaches such as administrative guidance,administrativecontract,administrative award and so on,get more and more extensive application.Theseapplication complements each other with the value goals of constructing service government,providing the high-quality service for the social diversification benefits and constructingharmonious society.In the economic law that aims at maximizing the whole social interest,theenforcement approach has taken greatly changes with the development of oureconomy,politics and society.The economic law enforcement applies promise,interview andguidance as the primary vehicle in various fields of economic law,which is a new idea andvery important for the implementation of the economic law.But the fewer attention of Chineseeconomic law scholars on the changes have hindered its development to a certain extent.Forthat,this article starts with the development of our economic law enforcement and usescomparative analytical method,empirical approach,history analysis method and value researchmethod to summarize the new changes,and puts forward the proposition of “ConsultativeEnforcement of Economic Law”.Then the author gives a thorough analysis on its theoreticalbasis and the problems in practice. Finally,the paper presents some perfection strategies onhow to prove it and hope the efforts could generates Chinese economic law scholars to paysome attention on the changes of economic law enforcement approaches.Through the abovestudies,the author hopes to bring up some beneficial references and thoughts for ourlegislature and law enforcement institutions of economic law.This dissertation consists of five parts.The first part is the basic theory of consultative enforcement of economic law.Firstly,theauthor uses comparative analytical method to introduce economic law enforcement and its approaches.Then,the author presents the proposition of “Consultative Enforcement ofEconomic Law”,and elaborates on its connotation and characteristics in detail. Secondly,onthe basic of history analysis method,the author researches the production and the evolution ofconsultative enforcement of economic law,and outlines the theoretical basis preliminarily toillustrate why consultative enforcement of economic law can occupy a place on the economiclaw enforcement stage.The second part mainly introduces the value and function of consultative enforcement ofeconomic law.This part makes a deep analysis on the value of economicdemocracy,substantial fairness,economic freedom,economic order and safety with valueresearch method,and reaches a conclusion that the value of consultative enforcement ofeconomic law and the intrinsic value of economic law show high uniformity.The greatestcontribution of consultative enforcement of economic law’s production and development isthat it could meet the requirement of diversification of social interests during the transitionperiod.And,consultative enforcement of economic law has the functions of dispellingconfrontation in enforcement,economizing resources of enforcement and so on.The third part is the operation of consultative enforcement of economic law inpractice,based on the behaviour of market regulation for instance.In the market regulationlaw,there is only “The Acceptance System” defined in the Anti-monopoly Law clearly,themost of others embody in administrative rules and the local policies.The rank of the law isrelatively low,but all of them are the results of practice in enforcement.So,this chapter mainlyapplies empirical approach to discourse upon the consultative enforcement in Anti-monopolyLaw,Anti-unfair Competition Law,Product Quality Law and Consumer Protection Law.The fourth part inquires into some problems in consultative enforcement of economiclaw. Compared to other economic law enforcement approches,the consultative enforcement ofeconomic law is a new thing,and as a newly emerging thing,consultative enforcement ofeconomic law has many flaws unavoidably,such as low legal level, a low level of opacity,thedefect right guarantee mechanism and execution guarantee mechanism and so on. The authoranalyses the problems in detail.The fifth part is about systematization path of consultative enforcement of economiclaw.On the base of the fourth part,the author brings up some perfecting countermeasuresaccordingly,such as improve the legal level and the procedural transparency,perfect the rightguarantee and execution guaranteeme chanism and so on,all of the author efforts are devote to bringing up some beneficial references of the consultative enforcement of economic law’simprovement and perfection.