Research On Economic Law Expression And Regulation Of Theeconomic Policy

Economic policy is a kind of common method of state intervention in the economy, and reflected in the economic law obviously. At present, economic policy research mainly in the field of economics and political science in Chinese academic circle, and usually on the empirical research of the phenomenon and causality. As a kind of system criterion, it is not much research for economic policy in law, especially, it is not much in economic law what is known as the policy law. Although more and more scholars begin to pay close attention to the relationship between the economic law and economic policy, the literature about economic policy by further studied is rare. In the practice of economic policy, for the empirical research of economic policy more than normative research, it lead to the running of economic policy pay more attention to result than process and more strategy than value, even cause a series of problems like subject disorder, value conflict, instability and so on. So it is necessary to strengthen the economic policies of the criterion level research, combing the expression and regulation of the economic policy again.The first thing is to explain the origins about the normative research of economic policy, that is the expression of the economic policy in economic law. The analysis of this basic proposition is the key to understand the operation regular of economic policy, and it is also the value premise for regulating the running of economic policy. On this basis, this paper try to improve the realization of the economic policy in the framework of economic law, that by typing the expression pattern of economic policy, on the basis of instance review, analysis the existed problems and reasons in two kinds of expression pattern of economic policy. And finally in this two horizons, subject dimension and information dimension, improve the realization of economic policy in the framework of economic law in limited scope.The research in this paper show that, about the running of economic policy in the framework of economic law, there are three main problems as follow: The first One, authorized clauses of economic law are sketchy, weakened the normativity of economic law; The Second one, the decision-making body of economic law lacks the organization foundation of research and draft, unable to do the top-level design for the running of economic policy; The third one, the decision-making body of economic policy lacks the ability to obtain enough information, unable to monitor and regulate in he whole process.For the first problem, this paper offer proposals for improvement from two angles: The first one, from the direct specification of delegated legislation to say, that the responsive expression pattern of economic law should avoid broad and a package of authorization. This specification have two kinds, affirmative form and negative one, the former must be definite for the purpose of the legislature, authorization object, specific item, the latter can increase the frequency in the authorized clauses. The second one, from the other side, to limit the range of delegated legislation, responsive expression pattern of economic law based on its thin legitimacy origins, should avoid to refer to the policy decision about deepen reform.For the second problem, this paper put forward suggestions for improvement what based on the decision-making body of economic law on the organization system that existed three main issues: The first One, the problem of Full-Time of the Standing Committee of National People’s Congress, Full-Time of the Standing Committee of National People’s Congress should be realized step by step, and appropriately increasing the size; The Second one, the problem of officials worked as the National People’s Congress at part time, it should be reduced to the proportion of the National People’s Congress members from the Government, the Court and the Procuratorate; The third one, the problem of administration of the work organization in Standing Committee of National People’s Congress, the service provided by the work organization should be geared to the needs of all of the standing committees, and according to the seniority depth to rank the symbolic standing. Currently, these three issues have a tendency to transform, that deserve to anticipate in the system, and will eventually improve the ability of the decision-making body of the economic law to research and draft economic policy.For the third problem, this paper put forward suggestions for improvement from three aspects: The first one, in terms of conversational mechanism about policy, proposed to establish an universal system of public participation; The second one, in terms of the quality of policy adjustment, proposed to establish an independent and authoritative policy evaluation institutions, endow national audit institutions with new functions to evaluate policy; The third one, in terms of the policy execution and supervision, proposed to establish a supervision and accountability system, it is necessary to promote government affairs openness, and strengthen the impact of the supervision of the National People’s Congress and social supervision.