The Definition Of "Degree" Of Interference Principle

The appropriate intervention principle of economic law what is "nerve centre" of the economic law system, relates the independence, continuity and uniformity about the whole economic law system. But China’s economic law intervention "moderate" grasp remains unsolved problems, scholars have paid close attention to problems,but the depth of the study can’t reach an agreement. The boundary of the "degree" in question cannot be determined, this condition has a lot of relations with the lack of the traditional research perspective and method dimension quantitative analysis. Using the method of rational economics theory, efficiency theory, equilibrium theory in quantitative superiority, defining the "degree"of the economic law intervention is the purpose of breakthrough of economic law theoretical appropriate intervention measure.The establishment of the economic law the principle from complete intervention to appropriate intervention is a historical process. The evolution is affected by the rationality of different subjects and stable preference, country as agent to continuously pursue wealth maximization, there is a specific path difference, but finally economic law achieved from complete intervent to appropriate intervention. And China’s current economic law intervention has not really realize the "moderate", difficult point mainly embodied in the theoretical research the neglect economic interaction, and mandatory state intervention in the practice of reality is too strong, this requires a legal economic analysis must be carried out on the "degree", delimit the measure "degree"of the proper definition of objective standard. Economic law can realize moderate intervention, only if make intervention as the process of dynamic system to inspect, with wealth maximization and game maximization as the goal.According to transaction cost theory to determine the critical point of intervention in microcosmic, the cost-benefit comparison as a measure of good intervention plans, with the balance of demand and supply to control the boundary of the intervention, the economic law degree of scarcity problem, law enforcement efficiency of pareto optimality and intervention receptor the tendency of evasion of law to examine the effects of moderate intervention.In a word, law and economics analysis method for the reasonable definition of interference "degree" is a valuable tool, is very effective to delimit the boundary of the intervention. But because of the limitations that the "independence" of law and economic is hot stones and that the research paradigm is not unified.When we use it,we cannot put it as the only standard to define "degree" of appropriate,only if we put.