Transitional Economic Law

Among all the research works in the field of economic law, one issue has drawn theattention and triggered a series of reflections of scholars and researchers. The issue refers tothe fact that many theories in economic law have no strength in explaining real problems inthe society, and there’s a wide gap between theoretical assumptions and practical problems.Under this big backdrop, there are scholars who call for a perspective of transitional economiclaw in explaining special social problems, which is conducive to make people realize thespecial characteristics in such a transitional period. And the name transitional economic law isput forward in order not to be mixed used with western economic law. Transitional economiclaw is different from western economic law in terms of historical mission, core goals, basicfunctions, and value orientation. It’s an innovation which provides for a new idea andperspective to build the fundaments of economic law. However, this theory is not withoutdisputes at present, and many scholars are holding an opposite position against “transitionaleconomic law”. As a result, i’m convinced that it’s high time to review the contents oftransitional economic law, in hope that this theory can be widely understood by the academicsas an inevitable emergence in the road of china’s modernization of legal system. This thesis isproblem-oriented and using the methods of evidence demonstration, comparison, andreference review to explore the essence of transitional economic law.There are altogether five parts in this thesis except introduction and conclusion.The first part will be the introduction of transitional economic law, including itsdefinition, scope for research, and background in order for readers to get a betterunderstanding of what transitional economic law is.The second part will prove the consistency of transitional economic law with responsivelaw from a historical viewpoint of law from repressive law to autonomy law and to responsivelaw now.The third part will go through the differences between Chinese law and western law interms of historical background, cultural base of law, and the formation of law-based idea,which illustrates that the development of Chinese law should seek a different path from that ofwestern law due to different national realities.The fourth part will show out the economic ties and measures that the government has taken to illustrate the progressive transition of law. We have found that this transition hassome features of tentativeness and instability, which is the reason why china should alwayskeep an eye on its own reality when talking about transition of the legal system.The fifth part will elaborate on the significance of transitional economic law to themodernization of china’s legal system combined with the perspective of economicmodernization.