Thinking On The Economic Law Of The Transformation From Intervention-type Government To Regulation-type Government

The relationship between the government and the market has always been an unavoidable issue in the study of economic law.In essence,"market failure" and "government failure" are the logical starting point of economic law research,handling relation between government and market correctly and overcoming "the double failure" are the Logical endpoint of economic law research.From the transition of government's economic functions,this paper points out that our country is experiencing the transformation from an intervention-type government to a regulation-type government,on this basis,it explores the reasons for the transformation of government functions,expounds the basic concepts of the construction of the regulation-type government,presupposes the track of the transformation of government functions at present,and tries to put forward the preparation of economic law for the construction of a regulation-type government,Finally,this paper attempts to demonstrate that,no matter what changes have taken place in the relationship between the government and the market,the basic goals of economic law remain unchanged,such as maintaining basic economic security,pursuing economic freedom and efficiency,and protecting vulnerable groups.This text is divided into five chapters,the specific content of each chapter is roughly as follows.The first chapter: study on the general theory of government economic functions and the essence of economic law.Firstly,it explains the intervention-type government generally means that the government actively intervenes in the market to compensate for the problems arising from the market mechanism itself by the power of the government,its economic functions mainly include macro-control and market supervision.Secondly,it is proposed that the government's public regulation refers to the government and its functional departments,according to law,administrative regulations and subordinate laws and regulations formulated according to law and their own conditions,carry out necessary regulation,supervision and control to market economic activities so that the defects of spontaneous operation of the market and the disadvantages of self-government can be corrected.As matter of fact,there are no major differences between regulation-type government and intervention-type government in economic functions,on the one hand,the dilemma of collective action needs to be resolved onthe other hand,the problem of individual coordination also needs to be faced.Finally,based on the government's economic functions,the essence of economic law is pointed out—economic law can not only overcome market failure,but also government failure.The second chapter: the motivation for the transformation from an intervention-type government to a regulation-type government.The reasons for the transformation are analyzed from three aspects: economy,humanity and law.First of all,at the economic level,regulation-type government can not only reshape market order while responding to market failure but also can help to delegate power to lower levels so as to release the market vitality.Secondly,on the humanity level,it proves that the regulation-type government is " comprehensive regulation" with the judicial path as the main and the administrative path as the auxiliary,which helps to avoid excessive interference caused by political people's pursuit of power,the integration of regulatory agencies can avoid the dislocation of intervention,vacancy and repeated intervention caused by the interests of political groups,the regulation-type government's pursuit of formal rationality helps to overcome the rent-seeking and abuse of rights caused by the self-interest of political people.Finally,at the legal level,comprehensively law-based governance of China puts forward new requirements for the construction of a law-based government,emphasizing the establishment of regulatory agencies,the formulation and implementation of regulatory policies must be based on laws,and corresponding legal procedures must be followed by the regulatory agencies,economic law,highly agree with regulation-type government,insists on giving priority to formal rationality.The third chapter: the concept-changing about the construction of regulation-type government.Firstly,starting from the essence of economic governance,this paper points out that the construction of the regulation-type government should adhere to the regulation concept of " governance",that is,public economic risks should be taken as the basic theory,the subjects of economic law,such as the government,the market,social organizations and individual citizens,should play roles together in accordance with the law,so as to develop the economy healthily and safeguard social fairness and justice.Secondly,the regulation concept that is complementary to "responsiveness”and "foresight" is put forward.On the one hand,the government should actively respond to the actual needs of the society,also to the public evaluation of the government's behavior even to the regulatory results,on the other hand,the government should also have a forward-looking and strategic vision when providing public regulation,which not only can reduce policy conflicts and policy gaps caused by passive responses but also can avoid policy lag.Finally,the applicability of the basic concept of "flexible government" to regulation-type government is demonstrated,pointing out the government and its agencies,after entering a risk society,must have the ability to formulate corresponding policies according to environmental changes instead of facing new challenges in a fixed way,the core characteristics of flexiblegovernment lie in the flexibility of organization,the high efficiency of implementation and the pertinence of policies.The fourth chapter: the response of economic law to the construction of regulation-type government.It is necessary for economic law to make positive responses in the process of building a regulation-type government,trying to avoid the occurrence of statutory failure,making positive legal preparations for the transformation of the government and the modernization of the country's governance capability and system.Firstly,the response of economic law should be embodied in the concept of legislation,This paper holds,in the construction of the regulation-type government,economic law should adhere to the concept of comprehensive legislation and " both hard and soft",paying attention to comprehensive legislation of economic law,attaching full attention to the function of economic soft law in social governance.Secondly,the response of economic law should also be reflected in the construction of specific legal systems,increasing the legal supply for regulation subjects and authorities,specifying the content,tools and procedures of regulation,optimizing the accountability mechanism for government failure.Finally,the actual response from the legal practice level is combed,which help to integrate theory with practice.The fifth chapter: economic law mission to deal with the relationship between government and market.The last part of the article tries to prove that no matter what changes take place in the relationship between the government and the market,whether it is a strong government or a weak government,a weak market or a strong market,an intervention-type government,a regulation-type government,or a service-oriented government,the basic goals of the economic law will remain unchanged,such as maintaining basic economic security,persistently pursuing economic freedom and efficiency,and protecting vulnerable groups,which happen to constitute the core of economic law theory of our country,that is,the basic theoretical framework of economic law with macro-control law and market regulation law as its core.