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Influence of legal environment for economic development

Author: WangYong From: www.yourpaper.net Posted: 2010-05-30 01:39:35 Read:
Keywords: the environmental legal system legal and economic effect of
Abstract: system deeply affects the development of economy, is closely related to the legal environment and economic development.Legal environment can be divided into hard and soft law environment, legal environment, namely the formal legal system and informal legal system, the economic development has the important role.Through the establishment of formal legal system, can determine the property, determine the economic and trading rules, the construction of economic organization system, reduce the transaction cost; through the establishment of informal legal system, can promote social harmony, and then promote the economic activities.Therefore, in the present our country socialist market economy system construction period, we must pay attention to at the same time the formal legal system matched with the development of market economy and the informal legal system construction.
, the legal environment and the "hard", "soft" the economic role of the connotation of
(a) content of the legal environment for economic development and external
According to the theory of new system economics, the economic behavior of people constrained by two types of economic system, a kind of formal system, another kind is the informal system.The so-called formal institution refers to specific economic system for a country to build up and economic development, it can be accurately expressed by words.The so-called informal system refers to a country's political, social, moral and cultural even including religious tradition, customs and habits, it is difficult to through the text written in a clear but has a profound effect on the content of economic development.
The legal environment of economic development is the legal system, external means the direct or indirect influence economic development environment for law enforcement, judicial environment and hidden in the legal consciousness of the people heart.The unique system of legal environment which can be divided into the formal system and informal system of two class, also called the hard environment and soft environment of law law.Here, hard law environment that the formal system mainly refers to the specific legal system of a country, in our country is established with the constitution, civil and commercial law, administrative law, economic law, social law, criminal law, litigation and non-litigation procedure law as the core of the legal system; soft law environment the informal system mainly refers to the people respect and belief in law, in real life, it is mainly reflected in the people's awareness of the law, especially the civil servants law concept.Citizen's legal consciousness is suitable with the level of economic development level, the exercise of public power is the concept of rule of law of modern society should have a direct impact on economic development of society.
(two) the legal environment of the "hard", "soft" economic function of connotation
In general, the legal environment is a kind of system, which consists of formal institution and informal institution -- the legal system, rule of Law -- legal consciousness, etc., therefore, the relationship between economic development and legal environment similar to economic development and system.The formal system here is the legal system, because its function can get support and guarantee the coercive power of the state, so, we can put it on the economic role called legal environment "hard" economic effect; accordingly, the law consciousness and concept for playing a role more on people's hearts understanding and belief in law, so, its role is more indirect, we can call the legal environment of "soft" economic effect.
From the relationship between economic development and the system, whether formal or informal system, plays an important role in the economic life.In fact, influence on people's behavior is huge, "system to historical social structure limitation, it turned to the individual action with the mandatory role of structural."At the same time, only when the value orientation of the formal system and informal system of a society is consistent, the two can play a greater role, will the effect of formal system to realize.So, whether the law environment of "hard" or "soft" role, only when the value of their match, will play its due role.
two, the legal environment of the "hard" economic effect and environmental optimization
(a) the legal environment of the "hard" economic effect
The legal environment of the "hard" economy play an important role in determining property, determine the economic trade rules of the game, the construction of organization system, reduce the transaction cost and so on several aspects, specifically:
Determination of property refers to identify people with use of resources, income and transfer of rights.In the society of market economy, the interactive behavior of all economic entities from the original is carried out around the property, property rights arrangement clear once through legal procedures to be confirmed, it will be the social resources distribution pattern and its benefit is produced almost a decisive impact.In fact, it is to determine the different nature of the property right through the legal system, to provide protection for the use of resources disposition.For example, the private property right, can completely through the bilateral exchanges free market coordination, voluntary to use resources decision.
To determine the economic trade rules of the game is a legal system which can determine the economic trade rules of the game, so that the social operation according to a certain standard, play the incentive and constraint role specification, provides the accurate prediction for the main economic exchanges, to ensure the realization of the effective resource allocation.
The legal system plays a decisive role on the construction of economic organizations, social organizations.Establishment of the organization is to effectively on the activity of process control, in order to transaction smoothly, low cost implementation.For example, the market economy main body enterprise construction is mainly due to the role of the legal system, which is reflected in the law the enterprise market access system, the capital of enterprise management system, enterprise registration, enterprise financial and accounting system, enterprise bond system and the alteration and termination system through certain legal system so standardized, operable.
The legal system can reduce the economic transaction cost.According to new institutional economics, the transaction cost is the source of the system.The new institutional economics represented by Kos, the transaction cost as the basic tool for the analysis of law.They think: because of the existence of transaction cost, the system will affect the efficiency of resource allocation; market failure exists, but the key to the solution is the institutional arrangement;......The system has inherent and scarcity in the economic operation, the key to economic growth lies in the institutional factors.Any social interaction are required to pay the cost of the system, the "mission" is to reduce the disorderly state of the transaction, the transaction behavior and orderly, thus reducing transaction cost.
For the reality of trading, legal, political, economic behavior of different social systems can have the very different results, and the best institutional arrangement is to maximize the reduction of transaction cost.The government to save the transaction cost approach is to develop the economic activities of the rules, that is to formulate the legal system, the legal system to regulate market behavior, so as to achieve the purpose of saving transaction cost.
The legal environment of "hard" effect is that the importance of construction of legal system.Some scholars analysis: why technical excellence in China, especially in the Song Dynasty, has never turned into an industrial revolution? This is because, lack of social, political and legal premise in China at that time, namely the lack of certain system.
(two) on the construction of "hard" legal environment
Construction actually hard legal environment refers to the construction of the legal system, in our country, is being built by the constitution, civil and commercial law, administrative law, economic law, social law, criminal law, litigation and non-litigation procedure law as the core of the socialist legal system.How to build a perfect match with the development of market economy and legal system? This, should grasp the following principles:
First, the content of the legal system to comply with international law and international standards.Although many countries have different national conditions, economic development levels are not the same, however, the national legal system construction is similar to standard.The legal system as the achievements of world civilization, its basic principle, basic theory should be in line with international law and international standards.In modern society, isolation, isolation, just in order to safeguard the vested interest in making legal system, its development prospects are slim.In fact, with the development of the economy, with the combination of world culture, whether civil law, or common law country, can learn from each other in the note, the construction of its legal system is very similar.Especially the development of services in the economy, and economic development is closely related to the legal system, its connotation, its value orientation is consistent.
Second, the complete degree of legal system and a country's economic development level suitable.Although the content of the legal system should follow the international law and international standards, but this does not mean that the legal system of different countries have the same pattern.The complete degree of one country's legal system and the country's economic development level suitable.The perfect legal system is important, however, this is not accomplish at one stroke work, must have the legislative planning.The legislative speed not too fast, also cannot remain stagnant, to consider a country.In fact, one of the country's most important condition is the level of economic development.The economic base determines the superstructure, on
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