The Government’s Economic Behavior Analysis Of The Constitutional Government

In the early birth of anti-monopoly law, economic freedom and economic democracy are main goals of anti-monopoly law pursues, represented by the law of control power concentrated in the related legal system.To a great extent, they eliminate the absolute monopoly threaten the possibility of political freedom and democracy.Based on this, this paper launches the constitutional government economic behavior analysis, logical thinking is the result of "anti-monopoly law" of our country’s achievements since the implementation of more than six years and a resistance and a series of thoughts. The anti-monopoly law implementing encountered resistance,already exists on the rule of law both the general applicability of the difficulties, but also administrative monopoly. Monopoly industry reform, deepening the reform of state-owned enterprises, has improved the administrative service idea, particularity for the protection of the judicial fairness problem. More importantly, it reflects the fact that the central and local government authority is still confused how to accurately grasp the status in government economic behavior orientation, role playing, goal setting and action selection like deep fundamental problems.This paper analyses the general theory of government economic behavior.Referring to the government’s economic behavior: the government as the managers and participants of the market economy, the regulation of market economy regulation on the implementation of behavior, and the government’s use of public goods such as scarce resources adopted by the manager’s identity to participate in the activities of market behavior. Based on the understanding of economic behavior of government, the article analyzes the economic behavior of government and there has always been interaction relationship between constitutionalism, including: the implementation of the government economic behavior notting,which is not the specific authority or authorized under the premise of the constitution and laws; Economic behavior of government pursues the use of scarce resources and be engaged in the production, exchange,distribution, consumption, and service activities with economic freedom and economic democracy legal value. Therefore, the natural attribution is actually in the implementation of the "constitution"; The supervision of the government’s economic behavior must be from the arrangement of the constitutional mechanism, mechanism of constitutional legislative supervision in advance and the afterwards supervision of judicial organs. The constitutional provision in the economic system not only established the country’s economic system, more importantly, it established the general line of state intervention in the economy.The second part of the article is a review of the theory of government economic behavior at home and abroad and through the change of real life and theory of changes,grasp the pulse of the purpose of the economic behavior of government, development and trends. In the western economic theory on the role of government in a market economy from the earliest watchman to moral people to the understanding of the referee,we can very clearly grasp the changing tendency of the government economic functions,today’s public choice theory to understanding the government behavior at home and abroad and through the change of real life and theory of changes, grasp the pulse of the purpose of the economic behavior of government, development and trends. In the western economic theory on the role of government in a market economy from the earliest watchman to moral people to the understanding of the referee, we can very clearly grasp the changing tendency of the government economic functions, today’s public choice theory to understanding the government economic behavior, especially the problem of government failure, is of very important help. And our government economic behavior is undergoing the process of totally different from the west, from planned economy to planned commodity economy to a market economy because of the change of China’s political policy. The role of government in social and economic life change is as the main economic decentralization process gradually, from full economic subject evolved into supervision regulation and the role of participation. Government economic behavior in the long history, from a bystander to intervention, or from economic subject to the supervision main body, its scope is also changing. Therefore,this paper put understanding of government economic behavior type in western theory of change and after our country government function change. Government economic behavior including the behavior of government regulation regulation, government involved in the production, exchange, consumption, borrowing and public goods market and various aspects, the government of all behaviors must reflect the government represents the body of the social and public interests, lack of abuse of power, behavior violates the constitutional principle power and so on.Article in the second part puts forward not only the reality of economic behavior of government performance at the same time but also the government behavior problems such as lack of abuses, implementation. As to the third part, the analysis and understanding the transition of the government’s economic behavior in our country appear. Changeable historical role in the economic field to the government of China, has a significant impact on our government economic behavior, especially because of the lack of accurate understanding of the market economy, caused the deviation of government regulation in the economy in our country. The economic behavior of our government deviation mainly embodied in the aspect of government failure and the behavior is not standard. Whether having or not having the condition of the government in the case of macroeconomic regulation and control, the economic behavior of government failure may occur even devastating consequences, cause government failure, the reasons are: information failure, target selection, management,control, etc. The government must take certain cost or price intervention in the economy,and possible low efficiency, at the same time, government intervention also provides possibility for rent-seeking behavior. Don’t regulate the behavior of the government’s economic, mainly displays in the act of the participation of the allocation of resources,such as violation of implementation of land policy, administrative monopoly, credit intervention, price controls, and so on. China’s current economic policy of the political game was closed between producers control policy and consumer control policy, in the stage from producers of regulation, towards pro-consumer control policies slow progress. Government abuses of anti-competitive behavior is a measure of value must be from the social effect of regulation.Based on the performance of our government economic behavior deviation and reason analysis, the article fourth part is about how to further standardize the government’s economic behavior from the perspective of constitutionalism,constitutionalism process for the government’s economic behavior put forward their views. Follow the government’s economic power legal procedures, strengthen the government’s economic behavior constraints, a sound system of economic behavior of government responsibility, clear the government’s economic behavior, the other party interests expression and relief channel, is the path choice of effective regulation government economic behavior. Legal mechanism conforms to the constitution of the spirit of the government’s economic behavior, should also focus on cultivating competitive culture in our country, and for the government economic behavior approach of constitutional culture foundation. To cultivate cultural competition, great significance should be the establishment of the government function orientation and behavior regulation, market main body, especially the state-owned enterprise competition consciousness formation of regulation and competition, the market main body of small and medium-sized enterprises and consumers, and sets up the three aspects of competitive consciousness.From the Angle of constitutional government economic behavior, not only has a theoretical research significance in the field of constitutionalism, the rule of law construction and economic construction in China has important practical significance.This article combines theory and practice to the government’s economic behavior, from to ask questions, analyze problems to the logical order to solve the problem, analysis of our government economic behavior, and on how to better the economic behavior of the government legal regulation puts forward some concrete ideas and concrete system of legal regulation of the economic behavior of the government in terms of perfecting suggestion. On the government’s economic behavior in our country, explore the constitutional legal regulation on the longitude and latitude, in order to promote the system of socialist market economy with Chinese characteristics for the improvement of the economic behavior of government regulation in a little effort.