The Study Of Economiclaw Responsibility Of The Government

Economic law as an independent legal department has been accepted by law, but as an independent discipline, discipline basic theory system which matches with the position of subjects have not been established, especially the responsibility system. For the problem of the responsibility of economic law, from the doubt of the question whether there is economic law subject to the different of various theories that included the subject completely independent responsibility, comprehensive responsibility within discipline, they all reveal the problems faced by economic law liability in economic law research problem. The present economic law circles, although many scholars have devoted a lot of energy to carry on the research of economic law responsibility, but they still can’t change the situation of Public opinions are divergent about economic law liability, and did not give the liability of economic law provides a convincing view.Traditional subjects such as civil law, administrative law, criminal law, the relationship between the relative subjects is relatively simple, such as civil law is the equality of the relationship between the parties, the relationship between the administrative law is the administrative subject and the administrative relative person, and criminal law is the public prosecution of the defendant’s criminal responsibility. But the economic law is more complex, both the relationship between the upper and lower, and the relations of equality, and cross relations, the relationship may also exist some relation between cross. The complexity of the economic law, also exists in the subject of economic law. The subject of economic law is more extensive, different subject bear different activities of the economic law’s role, the right(power), obligations(responsibilities) is also a great difference. This decide, although they are all the subject of economic law, but the economic law responsibility problem is different, If we do not make a comb for the subject of economic law responsibility but generally discusses the liability of economic law, then it must exist the problem of omissions and discusses is not strictly, or too complex to be discussed.So, under the background of economic law liability study all have reached a certain consensus and also have controversial problems, We can carry out the research on the main responsibility of economic law liability field, taken from the point to the surface from the part to the whole strategy, the subject of economic law responsibility, according to the research results, and then promote the economic law responsibility overall, combing the responsibility of economic law.Economic law from the origin is produced in order to overcome the market failure and government failure, however, in the initial stage for market failure, the visible hand of government can be overcome, the economic law is more important problem is to solve the problem of "government failure". In order to solve the problems of government failure, in addition to legislative guidance, regulation of early, final accountability is also very important, it is the last guarantee. This paper selects the government of this important subject of economic law as the object to discuss the economic law responsibility of the government, in order to in the present construction of the rule of law government, advocating the rule of law construction under the background of the government in the field of economic law under the responsibility and the responsibility of economic law questions as to humble.This paper first discusses the problem of the government role, as the subject of economic law. According to the classification of the modulated subject on the subject of economic law professor Zhang Shouwen and modulation of the receptor, the author in the main problems on the further elaboration of "government" can continue to execute management subject subject to develop decision-making and decision-making for modulation modulation in the internal economic regulation subject, and according to our country constitutional law define the range of our government and in the economic method the body position;Secondly, the definition and analysis of clear to the government the responsibility of economic law, in order to distinguish from the government responsibility in other areas of law in the government, and according to the different role in the field of economic law, put a different concept of responsibility;Again, in a clear government responsibility of economic law meaning, on issues of economic law responsibility government analysis of whether the traditional legal liability principle, the final choice of applicable imputation principle for government economic law responsibility;Fourth, to a subject of attribution, must be clear of the main body behavior whether accord with certain liability elements, this part is on the government’s economic law liability elements analysis, and points out that the economic modulation behavior of the government, subject, subjective psychological harm behavior and causal connection between the four elements must chase the responsibility, but not must comply with the four elements to the chase, as long as the economic modulation behavior of government has done harm to social and public interests and individual interests, threats, to investigate the responsibility of economic law on government;The last two parts, this paper according to explain the problems faced by the government economic law responsibility in the way of responsibility and accountability, to illustrate the complexity of the government as the subject of economic law that compared with other legal subject, and puts forward the suitable accountability mechanisms of the actual for government responsibility of economic law.