Interpretation Of Government Intervention In Conceptualism

The theory of government intervention can be traced back to the Keynes school and the Liszt school. As a special research path to the ontology of government intervention in economics, theory of required government intervention become the hard core among the many theories of economic law for its precise terms and special interpretation. Lots of scholars use this theory in their law department to analysis government intervention. But, this theory failed to become a positive concept in law because it thinks highly of the economic methodology instead of jurisprudence methodology. This paper will reinterpret the concept of government intervention and locate it in the system of our pyramid of legal concepts from a new standpoint of normative jurisprudence by using the theory of conceptualism.The first part will review the historical evolution of the theory of government intervention and its deficiencies. It has become a outstanding theory for analysis of the phenomenon of government intervention after our jurists import it from its source of economics.Although it build a strong view on the axiology, lacking of study on the ontology make it nearly useless in legal practice for its incompetent in the internal justification.The second part will divide conceptualism into a jurisprudence methodology and legal axiology. We need a dialectical thoughts when discussing the advantage and disadvantage of conceptualism which is considered to be a helpful proposing in economic law. Only by balancing its function and deflection can we provide a meaningful theoretical guidence and avoid to lose our way in the heaven of concept and realize the unity of method and purpose.The third part will review the position of concept of government intervention and try to locate it in the system of legal concepts by using the theory of legal construction. To be a legal concept, normalization, systematization and intention are needed for the precise analysis, exhaustive system and the required purpose behind the concept. Under this methodology, this paper find the mixed legal relationship which always happens in both public law and private law based on the research of both articles and performance. Thus a new concept, intervention power, a mixture power of administrative power and judicial power is presented in this paper. It has the authority of intervention between private legal relationship which the administrative power lack and the authority of a mandatory and initiative procedure which the judicial power lack. So the concept of government intervention can be interpreted as a legal body using the intervention power to intervene the civil relationship. Under the view of intervention power, the legal body can also be a court and intervention by controlling profits is not government intervention in the context of jurisprudence.The forth part will assort the intervention power into three kinds which contains abstract intervention, specific intervention and private intervention by learning the theory of administrative action in administrative law. The infiltration of legislation power and avoidance of contract is a classical phenomenon for abstract intervention. But the intervention of real legal relationship and the constructual facts which can lead to the change of real legal relationship is different in the view of specific intervention. At last, the state can't be regarded as a legal body of government intervention when it intervene the economy as a pure private role.