On The Path Choice And Basis Of The Systematization Of China's Economic Law

China is a country deeply influenced by the written legal code of the Civil Law since modern times,and the Chinese Legal System has been inherited from the Law of Qin Dynasty to the Law and Regulations of Qing Dynasty,thus its legal theory and practice are accustomed to systematic thinking and practice of the rule of law.Whether it is the Complete Book of Six Laws inherited from the former government of the republic of China in Taiwan,or the codification movement,represented by civil law,is being vigorously promoted in the field of traditional legal departments in mainland China,it is the best example.Based on this kind of rule of law,China's economic law,the administrative law and commercial law,learns from the codification of civil law,and tries to explore its own way of systematization from the formulation of general rules of law,the first step of legislative model of codification.However,even if the systematization of economic law is the only choice for the further development of China's economic rule of law,there is a doubt that the systematization of economic law will inevitably lead to the legislative model of codification of traditional legal departments.The new attribute of economic law and its unique discourse system of the rule of law in China,the problems highlighted in the evolution of the continental codification movement and caused by the transplantation of other heterogeneous civilizations,and the impact on the concept and the systematization of China's economic legislation,all of which are not only the core issue concerned by this article,but also the roadblock that needs to be crossed first on the road of systematization of China's economic law.Based on the investigation of the relationship between economic law and codification from the perspective of the values,institutional mechanism and textual logics,the author holds that the mode of codification is not the only choice for the systematization of China's economic law.The successful experience of the systematization of world law can be summed up and learned from in multi-dimensions and multi-levels,so as to practically promote the process of systematization of China's economic law.In addition to the introduction and conclusion,this paper is divided into three chapters.The first part mainly explains the history,status-quos and predicament of the systematization of economic law.In order to raise questions,this part mainly combs and studies the achievements of China's economic law legislation,the status quo ofsystematization,the call for codification in the ideological trend of economic law systematization,the efforts and achievements of Chinese scholars in the process of economic law codification,and the realistic predicament of economic law codification,and emphatically puts forward two questions,"whether economic law is suitable for codification" and "whether codification is the only way to systematize economic law",all of which are the core propositions of the thesis.The second chapter relates to the conflict between the governance mode of codex law and the governance characteristics of economic law.From the point of view of analyzing the problem,it reviews the history and present situation of the governance mode of the code law,especially the advantages and disadvantages of the legislative model of the code law,and compares and analyzes the internal relationship between the governance mode of the code law and the new governance mode of the economic law from the three basic elements of the rule of law,i.e.the idea value,the system mechanism and the logical text.And incompatibility and conflicts between these two governance modes are particularly emphasized to demonstrate the systematic path of economic law as a brand-new norm of modern social and economic governance.The obtained conclusion is that the code law mode cannot be effectively linked up with the maximum release of the governance efficiency of economic law,and the codification mode is not the only nor the best way to systematize economic law.The third chapter is the path choice and basis of the systematization of China's economic law,mainly focusing on the experience of the systematization of economic law represented by the Economic Stability and Growth Act in the continental law system.This chapter focuses on the rational path choice and its selection basis of the systematization of Chinese economic law according to the legal systematization enlightenment of the American legal restatement system between case law and statute law,as well as the form of harmonious symbiosis between ancient Chinese code law and case law.