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The outline of legal and economic relationship study of economic law

Author: ShenZuo From: www.yourpaper.net Posted: 2010-05-30 22:56:17 Read:
Keywords: the     of economic law; economic policy; the legal system of
Abstract: economic law is a law department, the economic impact of the economic law is far-reaching, also plays a critical role in the development of economic law on the economy, how to realize the transformation from the economy to the law is the core of legal and economic relations in the study of economic law.This paper base, this article will make analysis from the specific method.
, economic law research, legal and economic relationship research and analysis of
Relationship between law and economy is an important issue in the economic law, because of a series of basic questions which related to the economic law (such as the principles of economic law, value, research methods) and specific issues (such as economic law research, the Department of law research, system innovation and so on).However, such an important issue, but did not receive enough attention in the field of economic law at present, only with "three points, seven points of economic law" to summarize the relationship between them.Obviously, this explained the importance of economy in economic law, and the law in a subordinate position, but also caused a mindset, which is to understand the relationship between law and economic law from the angle of who is more important.According to this idea, Professor Wang Quanxing put forward clearly "law and economics, the basic argument economy more important", and further the economic importance of the elaborated: "compared with the other branches of law, economic law embodies the legal translation 'of economic relations in a large extent, depends on the principles of economics", "it it reveals the primitive status of economics in the economic law, especially in today's economic legislation reason lies in economics, the concept and judgment and even economics directly absorbed by the economic legislation".In another, he thinks you should also pay attention to the emphasis on economic factors: "economic law in close to economic theory and economic policy at the same time, should adhere to their own independent character."The appropriate attention to research on the legal nature of economic law is a great improvement on this train of thought, but still did not get rid of the traditional thinking framework.Professor Lv Zhongmei pointed out that "the study of economic law theories of the past to economic law and economics tightly contact point of view, this is undoubtedly correct.But close contact is not equal to 'three points plus seven legal shout' economy seven economic law 'three points, the concept of economics, the theory system of terms or simply transplanted to the legal system.The theory of economic law must reflect the law of property, must be the usage of language "is used to describe the economic behavior; at the same time, the study of economic law is not piece together the past has formed the achievements, it must be the reflection of economic law and economic interaction and mutual conversion of the discipline."The author believes that Professor Lv Zhongmei's paper has a certain significance, from which we can draw instructive understanding is: l, the relationship between law and economy is not who who is little, but closely related; 2, economics theory can not be simply transplanted in law, economic law theory should ensure that its legal nature; 3 the theory of economic law, must reflect the transformation of the economy to the law.
Logic and the core two, discusses the
According to the analysis results and the logic of the present situation of train of thought, replied the relationship between law and economic law needed to be discussing the following questions: 1, economic law; 2, laws on the economy; 3, how to realize the transformation from the economy to the law, from the economic phenomenon to economics to economic policy to economic law transformation.Analysis of the economic impact of the laws that we pay attention to economic factors, the possibility of solving problems of economic law transformation; analysis of the role of economic law is the legal system that impetus for economic development, to solve the economic necessity to issue legal transformation; analysis of how to realize the transformation from the economy to the law is the direct solution to the formulated economic law and implementation issues.So, effect analysis of the economic impact of the law and law of economy is to transform service economic analysis to the law, then, no doubt, how to realize the transformation of the economy into the core of law is "study on the relationship between" law and economic law.In this sense, the economic law embodies the "legal translation" on economic relations point of view is reasonable, but it is more important that how to how to innovate "translation" and "translation" of the system in the.In view of the economic impact of the economic law and the law on the economic role of existing research in the economic law in the mature conclusion, that influence the economy of economic law and economic law of great significant , discussed in this paper will no longer issue, explore directly into the core problem, namely how to achieve the transformation of economic law. Economic law.
three, from the economy to the law: the institutional transformation and innovation of
In this paper, analysis of transformation of the economy to the law based on the following understanding: 1, economic law is a legal department, the establishment and implementation of tasks of economic law is the economic law; 2, economic theory and economics has a profound impact on the formation and development of economic law, the theory of economic and economic concern is a prerequisite for us to study economic law; 3, the law is the key to economic development, economic and legal transformation to create good economic law, the key lies in the innovation of legal system.
The process of economic legal system, first of all is to have such a kind of economic phenomenon, and this economic phenomenon needs to be supported or control, and then the economics research draws some theoretical achievements, the government economic policy based on these theories, the implementation of some economic policies are good and consolidation effect, but then has the necessary the formulation of legal, after legal experts legal technology on economic policy, and then the formulation of economic law.
Therefore, how to deal with the study of the economic phenomenon of economics is the first step of our analysis.At present a lot of our economic law and economic law textbooks, treat economics attitudes vary, some more tendency to study a series of problems and ignore the legal issues, some tend to use economics theory without analysis and selection.The former case is obviously a waste of resources, since the law research of economic problems is difficult with economists study the profound meaning, but also easy to understand not to economic phenomenon.This paper advocates the practice in economics theory is mature and contact the economic situation to choose.About how to achieve this, we require is a rational and critical choice, choose factors considered should be: the rationality and validity of the 1, economic theory; 2, economic theory closely linked to the social reality and the situation of the country; 3, economics theory into the possibility and transformation of economic policies and laws can implementation of the operability.
The second step is to develop on economic policy, economic policy is often the previous conditions of economic law, policy and legal factors tend to have certain, so how to develop good economic policy is an important part of.Economic policy is the guiding principles and measures of state or government goal in order to achieve full employment, price stability and so on macroeconomic policy and develop economic issues.Economic policy of macro and micro points.The macro economic policy including fiscal policy, monetary policy; economic policy refers to the government to formulate a number of opposition to interference the normal operation of market legislation and environmental policies.Characteristics of economic policy is its flexibility, short-term, instability, but compared with the theory of economics, economic policy is relatively rigid and wide influence of.Rising from the economics theory to economic policy is not a simple transformation and used directly, influence the correctness of economics theory and economic theory on economic policy is not equal, the formulation of economic policy should also consider the non-economic factors more, such as the whole social economy, people's living standard, the implementation and the impact of economic policy, especially should be made more consideration on the legal value of a series of, for the necessary economic policy into legal preparation.So it can be seen that the formulation of economic policy itself should be a process of innovation, which is based on the theory of economics, but significantly different from the economics theory.
The third step is the transformation from economic policy to economic law, which is the purpose of our.And economic policy is not a variety of can be converted into the economic law, can be converted to economic law, economic policies should be tested by practice tends to be stable, long-term application, good economic policy, generally speaking, including the policy of the central policy, basic policy, long period.And in need of some economic phenomenon in economic policy itself is not long, the economic policy and how to use the economic law to regulate? Discrimination question here relates to economic entity law and economic law.This paper suggests that those who can and should be transformed into the economic law of economic policy should be transformed to economic law, without the need to translate into economic law of economic policy should be to establish a set of economic law procedure mechanism to ensure the legitimacy and effectiveness of economic policy.And economic policies should be modified, not short-term, stability, flexibility and easy to modify the characteristics of the economic law is compared, stability,
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