Research On The Regulation Of Economic Law Of Problems Of Consumption Externality

As one of the forms of market failure,the externality is characterized by consumption externality in the field of consumption.At present,the research on consumption externality is mainly concentrated in the field of economics,and there are a few research literatures related to consumption externality in the field of economic law.The only a few literatures also focus on the regulation of environmental externality in economic law,and mainly involve the negative environmental externality of consumption.Consumption externality,however,has not only the negative externality,and also the positive externality,has not only environmental externality,but also the market externality,and these consumption externalities belong to the common phenomenon in life.Therefore,it is necessary for us to systematically study the regulation theory of consumption externality in economic law,and discuss how to deal with the common consumption externality in daily life in the context of regulation of economic law.In addition to the introduction and conclusion,this thesis is divided into the following five parts:Part one is a brief introduction of the externality of consumption and the basic connotation of the regulation of economic law.The consumption externality is a conflict of interest between the plurality of subjects,characterized by diversity,complexity,dispersibility,heterogeneity,and contradiction.Issues of consumption externality are that manifestation of conflict of interest among the plurality of subjects,including the positive externality of consumption and the negative externality of consumption,and these are common in social life.Under the background of consumption externality,regulation of economic law is a kind of interest coordination,which needs to seek the balance of interests among multiple subjects.Based on the latest research results of regulation theory,this part holds that the regulation of economic law is not completely equivalent to the intervention of the state in order to correct market failure.It is not a traditional command-and-control regulation,but a behavior mode based on two-way interaction to achieve cooperative governance.Part two is to sort out the existing regulation routes of consumption externality and propose the regulation route of economic law of consumption externality.On the one hand,this part summarizes the existing regulatory routes and analyses the predicaments of the existing regulatory routes.The predicaments of the existing regulatory routes can be concluded that it emphasizes government bodies and ignores non-governmental bodies;It emphasizes negative externalities and ignores positive externalities;it emphasizes the hard law and ignores the soft law;it emphasizes the accountability and ignores the precaution.Economic law,on the other hand,plays an important role in the regulation of consumption externality.As the law of pluralistic subjects,the economic law can conform to the pluralistic characteristics of consumption externality.As the law of substantive rationalities,the economic law can respond to the social reality of consumption externality.As the law of overcoming failure,the economic law can realize the best overcoming of consumption externality.As the law of combining with soft law and hard law,the economic law can enrich the regulatory basis of consumption externality.As the law of prevention in advance,the economic law can pay attention to the pre-regulation of consumption externality.In addition,the economic law also has limitations in terms of regulation of consumption externality.In this way,economic law is only one of many approaches to regulate consumption externality,which needs to be solved jointly by various regulatory approaches including economic law.Part three is to demonstrate the theoretical basis of the regulation of consumption externalities in economic law,including the theory of needed state intervention,the theory of incomplete contract,the theory of regulatory space and the theory of communicative action.And then,as the precondition theory,the theory of needed state intervention brings the external problems of consumption into the regulation scope of economic law and provide a theoretical basis for adjusting the relationship between the government and the market.As the core theory,the theory of incomplete contract provides a theoretical basis for reconstructing the rights and obligations of consumers and other subjects.As the auxiliary theory,the theory of regulatory space introduces the main body of the middle layer of society into the regulation system of economic law,which provides a theoretical basis for the non-government subject to exert its regulatory power.As the complementary theory,the theory of communicative action introduces the soft law as the norm consensus into the regulation system of economic law,which provides a theoretical basis for the establishment of multiple regulation routes of consumption externality.Part four is the content of designing economic law to regulate consumption externality,including four parts: precondition of regulation,core of regulation,auxiliary of regulation and complement of regulation.The basic idea of the external law of economic regulation and regulation is to use the soft law as a supplementary norm,combined with the current hard law norm,by establishing the government regulation path,balancing the consumer rights relationship and exerting the regulatory capacity of the social middle layer,so as to unite the regulatory capacity of the governments,the social intermediate layers and the market bodies.The economic regulation mechanism of consumer externalities is divided into four levels.The first level is the regulatory premise,which is the government regulation path to establish the problem of consumer externalities.The second level is the core of regulation,namely reconstruction of "right and duty".The third level is the auxiliary of regulation,namely exertion the power of the social intermediate layer.The fourth level is complement of regulation,namely facing up with the soft law attributes of economic law.The above four levels constitute the economic law regulation system of consumption externality,and each level is interrelated and interdependent,and each other as a whole.Part five is the empirical interpretation of the externality of consumption regulation in economic law.Taking real estate consumption as an example,this part studies the externality existing in real estate consumption and the regulation of economic law in the terms of externality of real estate consumption.The externality of real estate consumption can be divided into positive externality and negative externality,among which negative externality can be divided into environmental negative externality and market negative externality.In the face of the externality of real estate consumption,the precondition for the regulation of economic law is to give play to the role of the government in regulating the externality of real estate consumption,and on the basis of clarifying the target,scope,procedure and responsibility of government regulation,the government can regulate the externality of real estate consumption by providing affordable housing,tax relief and implementation of consumption restriction policies.The core of economic law regulation is to reconstruct the rights and obligations of real estate consumers.On the one hand,it bears the environmental obligation of real estate consumers and respects the obligation of public order and good custom.On the other hand,real estate consumers are entitled to compensation.The auxiliary of economic law regulation is to give full play to the power of the social intermediate layer.It regulates the externalities of real estate consumption by publicizing education,planning and designing,restricting loans and setting up credit blacklist.The complementary regulation of economic law is to focus on the soft law attributes of economic law.The subjects of government,social intermediate layer and market can use the soft law to regulate the real estate consumption externality.If the hard law is the direct resource of the economic law to regulate the consumption externality,the soft law is the complementary resource of the economic law to regulate the consumption externality.The conclusion is a summary of this thesis.Firstly,economic law can play an important role in solving the external problems of consumption.Secondly,"coordination" is the idea of economic law regulation on consumption externality,which coordinates the interest relationship between the government,the social intermediate layer and the market,and emphasizes the diversification of regulatory subjects,regulatory capabilities and regulatory modes.Finally,the regulatory mean of economic law on consumption externality is the "coordination between hard and soft",which means the hard law is the solid foundation for the regulation of consumption externality in economic law,and that the soft law is the powerful guarantee for the regulation of consumption externality in economic law.