Study On The Category Of The Economic Law Behavior

The behavior of economic law is not only the core category of the economic law, but also one of the foundations of the construction of the theory of the economic law. However, because of the traditional theory, the theory of the behavior of economic law is still not mature enough to become popular. This essay is based on the current research achievements; using other disciplines as reference, this paper tries to construct a new analytical paradigm and remold the theoretical framework of the behavior of economic law.Apart from the introduction and conclusion, this paper consists five parts as following:Part one mainly introduces the controversy and consensus of the behavior of economic law in academic aspects. Although there are different cognition and views of the behavior of economic law, the consensus in the aspects of sociality, comprehensiveness, modernity and the concrete indication of the behavior of economic law exists.Part two analyzes the dilemma of the cognition of the behavior of economic law. It is found that the academic research of the behavior of economic law is mainly based on three kinds of paradigms, that are “qualification-behavior”, “will-expression” and “qualification-will-expression”, however, all of these paradigms have plight when it comes to explain the behavior of economic law. The dilemmas mentioned above can be explained from the following two aspects, one is that there should have been integrated position on the behavior of economic law during the analyzing process, distinguishing it from the traditional department law behavior; the other is that while conducting the unique the behavior of economic law analyzing paradigms, there should have been general factors extracted out in the behavior of economic law analysis.Part three tries to reconstruct the paradigm analysis of the behavior of economic law. On account of the difficulties in current research, combined with the extracting paradigm ways, this paper analyzes the paradigm of the behavior of economic law through the following steps: firstly, it should have a clear position for the behavior of economic law and been agreed the behavior of economic law should be the behavior which influences the whole society's interests; Secondly, it should exact the general factors existing in the behavior of economic law and be agreed the interests of the whole economic society is a common factor. Finally, the analysis paradigm, interest – result, will be introduced based on the above analysis. Based on the mutual construction and interaction of the interests, this paradigm, with the significance of promoting the formalization of behavior of economic law and standardization of economic law, pursues a fair society, furtive results with the dual-interaction construction, and substantive rational analytical method.Part four analyzes the behavior of economic law by using the interest – result paradigm. First, the meaning of the behavior of economic law is the economic interests between the interaction, which can affect the integrated social benefit and has dual legal consequences. The behavior of economic law also has the features of co-movement, duality, as well as economics. Second, the elements of the behavior of economic law(construction and force). The behavior of economic law, apart from the common construction, for instance, the general body, will, expression, etc. also includes the dual benefit and results, dual interactive processes. The behavior of economic law force is affected by the integrated social benefit. Third part is about the Categories of the behavior of economic law. According to its property, it can be divided into legitimate and public-harm acts. Based on the different bodies, the legitimate acts consist of intervening and autonomous behavior; the public-harm acts consist of failed state intervention and market entity nuisance.Part five is aiming at test how the paradigm, interest – result runs in the reality by conducting investigation on the typical law documentaries and cases. As to the investigation on the law documentaries, it is found that the behavior of economic law paradigm constructed in this paper fits into the related behavior in the typical legal texts, which are viewed in the part four of the behavior of economic law; as to the investigation on the cases, the related behaviors, selected from the two typical economic law cases in the fields of macroeconomic regulation and market relation, proves to fit with the behavior of economic law paradigm constructed in this paper.