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Research On The Independence And Typology Of Economic Law Responsibility

Posted on:2018-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:X J ChengFull Text:PDF
GTID:2346330542471038Subject:Marxist Jurisprudence
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The independence of the economic law of the past few years,always in some occasions by the civil and commercial law and administrative law ridicule,in the face of civil and commercial law and administrative law torture,in the economic development of the new normal and comprehensively promote the rule of law in the context of,It is necessary to make a new interpretation of this long-standing controversy.Economic law responsibility is one of the basic categories of the basic theory of economic law,and it is deeply studied systematically.The innovation of economic law theory is of great significance in the theory of legal liability and will affect the responsibility constitution and responsibility distribution of its legal system The From the practical point of view,the economic life of the economic disputes of the loss of settlement,the economic law of the judicial operation of the perfect also has a significant significance.Economic law to solve the contradiction is the individual for profit and social welfare of the contradictions,and only from the personal interests and the interests of the community as a whole two levels in order to fully explain the responsibility of economic law responsibility basis;personal interests and social interests as the whole The logical starting point of the study highlights the differences between the forms of economic law and the forms of traditional legal liability.At the same time,because the main body of economic law has a dual structure(the main body of the national economic regulation and the basic management of the main body),which makes the economic law of the rights and interests of the rules are also dual,indicates that in addition to the traditional legal liability compensation function,Responsibility also has the role of the role of preventive function,which makes the economic law responsibility mechanism in operation in addition to its unique,new form of responsibility.Based on the analysis of the legal responsibility and the stipulation of the convention,the clarification of the three traditional legal responsibilities is based on the accurate interpretation of the correct title and connotation boundary of economic law responsibility.The responsibility of economic law is due to the main body of economic law Violation of economic law obligations arising from the adverse effects of economic law norms.And then analyzes the special attributes of economic law responsibility,namely,economy,sociality,duality,and non-singularity.In the dialogue and discussion with the "negative theory" of economic law responsibility,the view of "independent parallel thinking",the inheritance and abandonment of "comprehensive and independent thinking" reflect and prove the independence of economic law responsibility.On the basis of the analysis of legislative texts and judicial practice,the necessity,possibility and scientific nature of the independence of economic law are demonstrated from the multi-dimensional perspective.On the basis of the abandonment,absorption,fusion and refining of the traditional theory of responsibility,this paper systematically innovates the responsibility of economic law according to the system requirements of economic law,and constructs an independent new system of economic law responsibility system.Scientific definition and summary of the independent economic law of the specific manifestations of responsibility are: enterprise split,corrective advertising,punitive damages,the actual performance,defective product recall,qualification reduction,credit reduction,resignation and so on.According to the author's classification method,the responsibility of economic law in accordance with the main content of its commitment to roughly divided into: property responsibility,behavior responsibility,qualification responsibility.
Keywords/Search Tags:Economic law, legal liability, Economic Law Responsibility, Type
PDF Full Text Request
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