Study On The Obligations Of Business Operators In Economic Law

The study on the obligations of business operators in economic law is an important part of economic law research.At present,the lack of a holistic study of the economic law obligations of operators in the field of economic law can not reveal the function and implementation effect of the system of economic law obligations of operators in the modern market economy.Under the background of the transformation of the basic social contradictions,the reconstruction of the relationship between the government and the market,and the realization of public governance,the operator is the ultimate burden of cost in the transformation of the development of the market economy.On the one hand,the government corrects the market failure by regulating the illegal behavior of the operator.On the other hand,the government and the operator must establish a cooperative relationship in improving the market efficiency,and turn from market management to market governance.In the process,the obligation system defines the boundary of the cost burden for the operator.Based on the difference between obligations,we should take the system function and the effect of implementation as the research direction,and apply the type-based method to study the performance of the obligations of the operator's economic law and its responsibility guarantee mechanism.According to the current liability guarantee mechanism,there are some deficiencies in promoting the operators to fulfill their obligations,and they do not reflect the inherent economy of economic law.The study must first analyze the inherent attribute of economic law,which is the decisive factor in the nature of operator's economic law obligation,and contains the characteristic that the operator's economic law obligation subverts the traditional legal principle.Secondly,on the question of the necessity of duty typing and the standard of classification,it is pointed out that the type of obligation originates from the difference between obligations,which is manifested in the degree of protection to public interests or public order.The duty cost that the operator must bear and the boundary of the exercise of the public power,and according to the function and implementation effect of the norm,take the disposition relationship between the obligation and the responsibility as the typification standard,and show the substantive significance of the duty type.Furthermore,according to obligations and responsibilities The duty of manager's economic law is classified into three types: irresponsible duty,single responsibility obligation and compound responsibility obligation.Irresponsible obligation is beyond the traditional form of obligation under the modernization of the market,but its effectiveness is in the dormant state,so it is urgent to activate it by the system construction.Single liability can be divided into single administrative liability and single civil liability.The former should combine the form of administrative responsibility of economic law with the attribute of objective responsibility,and should carry out qualitative and quantitative principles in the principle of imputation.But because of the defect of low responsibility,the illegal cost of the violator is too low,and the illegal cost is not strong.The incentives should be corrected.The latter should transform the sunk cost to the marginal cost of the operator in order to realize the preventive effect.In the complex responsibility obligation,the public law liability must form the value idea consensus and the behavior coordination.In terms of value concept,it is necessary to establish a unified applicable standard.In the aspect of behavior coordination,there exists the defect of lack of mutual recognition of public and private law responsibility information,and the construction of cohesive mechanism must be accelerated.On the whole,it is necessary to optimize the implementation mechanism of all kinds of obligations in order to return the functional effect of obligations to the reconstruction of the relationship between the government and the market.It includes activating the effect of irresponsible obligation,raising the cost of violating the law,and constructing the joint mechanism of responsibility of public and private law.