Theory of economic law on the weight of history and modern development

Keywords: Economic Law theory; history of weight-bearing, modernization, expansion

Summary: the theory of Economic Law to move forward along two paths - the late 19th century Western Economic environment in the early 20th century and the corresponding legal system, China's reform and legal system, based on the "path dependence" that the Economic Law theory is still in the logic of the cognitive processing of individual phenomena, but did not enter the system of general theory. correction of this "dislocation" need to determine the basis of the theory of Economic Law and change the understanding of perspective. theories of the basic economic Law is the production of social, Economic Law and deepen the modernization theory need to rely on national economic system and economic globalization.



Theory is based on the phenomenon of surface material surface, the deep ideological system interface. A highly abstract theory of the system can have a variety of ways and means, and ultimately take many forms and styles, but due to some system control and authority of the information intermediary role in the decision, especially in the history of a typical system and the resulting surface of the material surface of a typical system, the unity of the information may make the abstract theory is not so rich. With some of the new social phenomenon The emergence of the theory will trigger further development and improvement.

Evolutionary theory of Economic Law has such features in a very long period of time, there exists an obvious development of the theory of Economic Law of "background dependent", that theory is difficult to get rid of the specific historical circumstances and the law in the constraints caused the slow progress, the content single, especially in response to the early 19th century, the monopoly of the late 20th century, war, economic crisis generated by the phenomenon of dependence makes the development of legislation early (at least in the 20th century until the 1990s the theory of Economic Law has a clear system of parasitic and comments of the outstanding characteristics, reflected in the formation of the theory of Economic Law with a "prototype of the first Yun" unified model, and presentation of the "stylized" style.

In recent years, the mode and style have been partial breakthrough, but given the problem of school in some physical and chemical processing, but also adds some mystical element, which is largely theoretical and has long been dependent on the specific historical, and at the end or get enough of modern science and rational nutrition. such a situation determine the center of theoretical development of economic law issues in the methodology beyond the traditional sense, for a reasonable understanding of the history, clear and accurate grasp of the internal logic of the theoretical framework of social economic background and the resulting establishment of a recognition of the intrinsic and extrinsic orientation of the theory of economic law system.

This intention is also unable to deny the theory of their ancestors, but not thin thick this ancient, but just in theory, benefit from previous attempts to technically based on the theory of germinal differentiation of the basis of economic law, and to achieve the transfer of research perspective its view is mature, hoping colleagues hesitate to correct me.


A complex history of the theory of economic law and the weight-bearing
Understanding of economic law scholars in the West first began the era of the special place of the broad phenomenon of individual economic law, the early 20th century "war" and "economic crisis" the outbreak of the total properties to expand the extension of these phenomena, these phenomena for the initial into theory provides convincing evidence in the economic law theorists, around the late 19th century Western monopoly environment, the early 20th century "war" and "economic crisis" environment to talk about "the generation of economic law" is almost a things beyond the reach of these particular economic environment (the theory of economic law to build an event as important as Civil law in the Roman Republic, Roman Empire's thriving business.

Can not be denied based on political, economic background and theoretical sensitivity, some Western scholars, the phenomenon of economic law first made a rational description and preliminary analysis, but should also be noted that these theories claim the credit for the economic law of Western scholars have not made the changes with the times and stick to it, which left a certain regret, but also left a serious deepening of the theory of economic law issues.

Unfortunately, although this was quickly picked up the courage to Oriental scholars, but for a long period of time has been delineated by those who worked hard, hard work is still this special "soil" - the first time in at least half a century has been the late 19th century period of the Western monopoly environment, the early 20th century "war" and "economic crisis" environment, and the consequent phenomenon of law system.

In the methodology, subject to the special circumstances of "Economic Law Theory" grasp the basic economic law theory and practice of historical materialism implemented correctly, but if the understanding of the rigid stick in this last stage is a departure from the characteristics of the times dialectics. After all, the environment, resulting in piecemeal legislation of the Roman law of economic law on the Civil law is not as endless as you can learn almost no "generation gap" source of ideas, maybe forward the German scholar pointed out Radbruch , "In the excellent and uniform (legislative building, people would be hesitant to prejudice the transformation of the style" [1] (p77), economic law research into the history of complex theory of economic law on the road of history weight.

Weight led to this historical development of the theory of economic law rate slowed down considerably, even to some extent hindered the development of the theory of economic law. Specifically expressed in the following areas.

First, the interception of one-sided economic law causes hindered understanding of the economic law of integrity. This one-sided as follows: For a long time, the Western market economy and the operating result of market failure is considered to be the only economic Economic Law conditions, ignoring the intervention occurred in the course and transition countries there is government failure.

Analysis of market failure derived from a long history and significant stage of development of the United Kingdom and a few capitalist countries, and for freedom across the stage of capitalism, such as Germany, the Soviet Union or socialist countries, such as, the practice is the apparent lack of correspondence . due to the non-universality of the relevant facts, the decision to establish the economic basis of economic law on the theory that reason is not produced in fact, in modern times, the relationship between state and market is not only "separation - with" such a development order and morphology socialist countries in the "combination" of "separation" (or some isolated markets. the history of Germany, Japan, South Korea is on the basis of the feudal state to shape the market in both countries and national management of the market . Therefore, market failure in some Western countries is only the direct cause of economic law system, but not the cause of the universality of Economic Law .20 regulate the late 1970s, the national awareness of market failure market failure to regulate the process of state intervention there will be government failure, such as experience of OECD countries concluded that only the command can not be achieved through government interventionism to regulatory governance from the transformation. has become a complicated regulatory rules reform efforts Achilles' heel [1] a planned economy countries to the transformation to a large extent and has a direct relationship between the government failure. Thus, the existence of economic law to all based on market failure and government failure to overcome the regulation [2]
Second, the concept of economic law and property law ambiguity domain. Describe the phenomenon of these new laws are concentrated in the quest of the concept of task clarity and the system's basic properties. Jinze Liang Xiong, Radbruch, Habermas and other scholars on economic law, "the third field," " The new law domain, "" non-public non-private "and define the nature [3], in the study of early and relatively few foreign researchers in the context of these ideas really refreshing, but these have long been the view of Western scholars as meta-theory theory of economic law and thus became the many researchers in this field Kaijiangtuotu thinking Yuanyou in meta-theoretical level of ambiguity will hinder the building of the extension of the theory of the discipline and more popular.

In a very long period of time, the theory of economic law from a variety of economic law is actually a combination of scattered ideas from the concept of economic law on the subject of economic law to the primary task is to transition the concept to determine the adjustment range of delineation. If The only contribution to Western scholars is "the essay" rather than to arguments, then heirs, "Law is what the object is to adjust what" attitude and approach to issues such as the face should be, not to take a detour up-country scholars from the 1980s, has experienced about a decade of hard work, harvest, such as "aspect of economic relations" theory, "in close contact relationship" theory, "economic management relations, said," so the concept of economic law, but also occurred in a recognized knowledge of dislocation: the root meaning of the concept in the Chinese economic system Jizha soil, almost simultaneously with the correction in the Western system of market failure associated with the slightest little reform, a "Chinese characteristics" economic law and the concept of adjustment of the object. Thus constructed the theory of economic law on the structure with a clear "assembly" of the traces, that "foreign economic law have a" plus "concept of economic law and China's adjustment of the object."
Again, the single economic adjustment method. War, allocation of resources does not depend on the direction and use the scale to guide the market reflects the "power should be used to guide the acquisition and use of inventory, plant, land and transport; [2] (p30 ) Similarly, the means to overcome the economic crisis, the crisis involving the main industry and related industries to implement administrative controls to be 1932 Roosevelt "New Deal" proved to be efficient so that early intervention produces naturally become the main features of economic law. However, the nature of economic law can be summarized as intervention, or intervention as essential features of economic law will change in the economic environment and legal means to change even after an exception? the one hand, countries such as Britain's economic environment and values ​​still orthodox liberal ideology and the eighteenth-century economic world yearn for freedom, the other 20th century began 70 years a new phenomenon - "stagflation" declared the Keynesian prescription lose long-lasting effect. "Keynes after" [4], the pendulum of economic policy was never more than right, "Adam Smith" free boundaries, the left did not exceed the boundaries of Roosevelt's intervention, which confirmed the change in the maximum amplitude of the system after which the States concerned to take the economic adjustment strategy in general there has been such a feature: the diversity of policy instruments, rather than to emphasize intervention. a large number of sovereign states to take "participation" means "guide", "incentives" and other means of adjustment of the economy. relevant international organizations also advocate " flexible "management, such as the 1995 < > On the proposed regulatory authorities in OECD countries need to change culture - the flexibility in the regulatory design process and results-oriented means to get the system to focus on [3] (p14), to the traditional regulatory incentives to solve the problem. Can be seen, the early Economic Law of Intervention with the economic character should be complex and some changes.


Second, the material basis of the theory of economic law and expand the material basis of the theory of economic law
Of course, monopoly, the economic crisis, war and other social situation forced the Government to move from behind the front, by the negative "night watchman" into a positive "patrol" certain degree of government intervention to avoid the shortcomings of laissez-faire, social welfare measures ease of the actual inequality caused by the conflict, but the monopoly, the economic crisis, war and other social phenomena resulting material is economic law information will be treated as a direct causal relationship, largely, with Hegel said of the emotional and intellectual knowledge in the form of color. "recognize the real task is to get to know ... ... the internal contradictions of objective things, to understand its laws, to understand the process and that process between the internal links that arrive in the understanding of ethical ". [4] (p262-263) leading to the root causes of economic law is not the phenomenon itself, but the phenomenon behind the objective material conditions - the socialization of production.

Socialization of production, including the socialization of production, the production process of socialization and social goods. The beginning of economic law as a solution to contradictions in the socialization of production tools were also derived from the "three" social. ① production of social the accumulation of the formation of production and the production scale of new contradictions due to the law of capital accumulation and concentration of the role of the decentralized production of information into a common use of the means of production, and created some shared only by the production of many people information (such as large machinery and large vehicles, but the accumulation and concentration of production leading to "the price is difficult to tell the ecological truth" [5] (p21). ② the production process of the social formation of the special attachment of labor conflicts. Capital established doctrine of "equal" system of wage labor - labor can flow freely at home and abroad, but the labor force attachment of property of the unequal relationship between the use of leaving the labor force arbitrary and non-moral. ③ the process of social goods individual products can become a social product of contradictions due to the development of specialization and cooperation, products from a single individual products into a social product. In addition, because the scale of production and possession of information of different products are often not a single producer Marx said of the market to complete the "breathtaking jump." Thus, "the bourgeoisie under the leadership of productivity caused by previously unheard-of speed and unheard-of scale to develop," and "social production and capital possession of the incompatibility doctrine, are bound (in the above three areas) even more clearly demonstrated "[6] (p309-310), that is, monopoly, labor relations, product supply and demand balance relations, directly from the production social contradictions of this period of economic law economic law is only an isolated individual phenomenon - anti-monopoly law, labor law, and (some macro-control method, therefore, the production of social theory of economic law is the basic building social infrastructure.


The higher level of socialization of production, indicating that the higher level of productivity. With the degree of socialization of production rising demands of production and labor products owned social occupied by the need for social development, deployment, production of a certain social issue degree of social management will enter another phase - of the national economic system.

By the national economic system is the complexity of the modern economy of the war and economic crisis, has set a goal of economic policy centers: the healthy functioning of the overall economy. Realization of this goal requires the state, enterprises, multi-party co-operation with individuals, which a country economy is no longer purely national economy (or treasury management, but by a number of subsystems of the national economic system.

National system of interconnected subsystems made by a number of national economic system structure and operation mode. The general, national systems, including [5]: (a macro-economic control system - the system fiscal policy, monetary system and financial policies, social security system, economic system, (2 micro-economy system, including: ① price system - national price control, market prices, reserve prices, etc., ② labor market system - labor distribution, labor and income distribution, ③ and commodity markets financial market system, ④ the main micro-control system - organizational systems, property systems,
System of national economic performance in: the subsystem and the subsystem subsystem is closely related to each other, organic links, each elements of the system will change the whole system changes state; elements of each subsystem is a member of this system, but also the overall system components.

The establishment of national economic system and the system of national regulation to be based on objective economic laws and respect. Compared to the socialization of production after the emergency nature of economic laws, economic system of the circumstances of economic legislation includes respect for the economic with the normal law of composition and nature. built on the basis of economic legislation than the "emergency law" has a system-oriented features, which established the market regulation and the overall macro-control role two economic law jurisdictions environment which between two jurisdictions environmental constraints - there is no effective market regulation law adjustment, macro-control law can play a constructive role, not to guide the direction of macro-control law, just by adjusting the rigidity of Market Regulation Law is difficult to overcome the economic crisis, inflation occurrence of such phenomena.

Heterogeneous elements of national economic system and run the association, making the national economy, often in changing the system state, showing ordered and disordered form of interlocking, "This complex and dynamic relationship, economic performance and changes in national life plays a huge impact. Basically, this is an unstable relationship, each side has a particular strength, is an important one for the other needs of each of a modern industrialized society, are is a form of mixed economy, in this economic model, public and private sectors in various forms of interaction. "[7] (p6) in the modern, government and business are two of the most powerful social body, almost All levels of government are involved in business decisions, and the corporate system, success is largely dependent on government and government implementation of the force of law. Thus, government action on the regulation of the legal system and the type of corporate behavior and demanding style. adapt This legal requirement of the modern economy has shown the characteristics of interchange one hand with the national economic system based on the economic legal system in the plane is divided into market regulation law and the macro-control law, the other legal system in the economic macro-control method was higher than market regulation law, competition law and market regulation law of market regulation also have higher than other methods of showing rank and three-dimensional nature of institutional arrangements; Again, some of the large number of economic law system to penetrate into the Civil and Commercial Law allow these laws have largely been alienated and therefore, in the production of national economic system is the expansion of economic law on the basis of social theory, the first stone.


National economy, the social division of labor more and more detailed, more and more close collaborative relationship, the growing internationalization of production and circulation, leading to economic globalization.

Economic globalization, manifested in the following distinctive features: (1 new markets of capital across national boundaries, national economic development in the worldwide allocation of resources (2 new hero of the World Trade Organization and multinational corporations is a major force in the world economy, (3 new rules of the World Trade Organization on trade, services, intellectual property and investment, multilateral agreements, complemented by relevant enforcement mechanisms, further reducing the nation-state policy differences. [8] (p9-10) by the so global economic processes in general two mutually reinforcing trends of co-decision: on the one hand the world economy should be subordinated to the international financial oligarchy and transnational capital, interest groups, on the other the national economic system, but also compete among each country's international competitiveness in the global attempt to to protect their national interests, and use to strengthen their competitive advantage in the world economy in their position.

Opportunities and risks of economic globalization in the weaving of each participating country established a similar goal of governance, namely the use of globalization to achieve development and revitalization of the nation-state, to safeguard their independence and ensure the welfare of their people and high-quality life, to retain their national culture and spirit to realize their intrinsic value of the opportunity. [9] (p126) in a number of external factors of globalization changed the relationship between the domestic economy and power content of the first power of the state economic management has not only within a country's standard of power, but about the state and the coordination of economic power between countries, and requires the coordination of content - economic dependency and economic independence, economic security and national interests at risk prominent, followed by enhanced The concept of national competitiveness, the country's economic cooperation and business more closely the State did not only affect the business strategy is to create and extend the core product and technology development. the international competitiveness of enterprises directly affect the country's prosperity, while the state is basic business a competitive advantage because it can create and maintain competitive conditions. [10] (p65)
The special configuration of state power from the need to protect national economic security, which include financial security, energy security, industrial safety, etc. to financial security, for example, economic globalization and international economic and financial deepening, the world's financial operations become more closely linked with each other, influence each other more prominent, a country's financial crisis, it is easy through the "chain effect", "butterfly effect" in the global spread rapidly, affecting the country's economic security. the danger from the financial sector is mainly the impact of international capital, interest rate volatility, high-risk financial products to market, lack of means of financial regulation. compared to other risks, financial risks will destroy the financial system, causing asset prices collapse, resulting in substantial capital and does not enrich the banks and companies with bankruptcy, leading to massive unemployment and social unrest, which requires a corresponding value of financial regulation to secure the efficiency [6].

Economic globalization requires countries to establish new economic relations in the principle, and conversion of national identity and adjustment methods, in order to further perfect the theory of economic law that laid the cornerstone of the second block.


If the socialization of production during the economic law is looking to focus on resolving the country's position in the market, national economic system during the economic law of the State address in a reasonable position in the market, then the period of economic globalization, economic law central task is to coordinate national and foreign market place.

Although the overall understanding of the theory of economic law should be based on "the socialization of production" is the most basic social conditions, but its structure in addition to the theory of economic law to prove that the method produces the function of the more important of the law system research has been basically no more "residual value", as a development of the theory of needs and it is confirmed that distinguish the former concern is a logical series of related propositions, while the latter concern is some of the above confirmed the legitimacy of empirical propositions, although a key issue is the theoretical development and empirical should, of course, are interrelated. [11] (p361) in the national economic system and economic globalization together to create a modern economic law in system type and the type system has been reborn on the relationship between the nature of change, building on the theory of economic law should be based on the national economic system and economic globalization and its economic relations on the basis of modern law system, and only so to the premise of respecting the history, in the wisdom of the theory of economic law on the basis of prosperity, and avoid excessive weight caused by a misconception.


Third, the expansion of the modern theory of economic law
From war and economic crisis on the economy of the country involved in the formation of a special intervention of the adjustments is the immediate response to a particular environment, the formation of the emergency nature of the legal system, localized, isolated features of the war and economic crisis of the "control mechanism" of outstanding performance, laying the leading countries in the field of social economic base, thus changing the social and economic power to run that country as one of the main intervention to play a role, of course, "Now that the war is over, the control agency or its residue Some things may not seem to fit the. "([12] (P36) since World War II, along with economic modernization, the new legislation have mushroomed competing simultaneously exposed and the traditional method for adaptive change, the formation of the legal rights and powers The special configuration of criss-crossing the state, the new environment should be reborn in shaping economic law - to achieve a modern theory of economic law, rather than stick to "generate", "interventionism" of these limited "material" to build a simple theoretical framework.

Discontinuous change in accordance with the system - balance (Punctuated-equilibrium theory [7] theory, social and economic infrastructure has changed, will cause the system innovation and the theory of change. Modern theory of economic law "two paths", contribute to this. " two-step "in the economic environment are the national economic system and economic globalization.

Links to free download http://www.hi138.com (an economic system based on the theory of economic law
First, the concept of economic law, "specificity" [8] the formation of economic law disciplines in the development of the early history of the major work is the concept of the formation of an appropriate history. Bear the brunt of a theoretical concept of economic law contend the focus of economic law originally thought adjust the object is the "general economic relations", the latter to "a range of economic relations", but "a range of economic relations," What is the relationship, a long time do not indicate. Since the 1990s, people criticized Rapp Katsuo former Soviet Union as the representative of the views of jurists, they overlooked an important question of terminology. Soviet economic law terms from the outset is "хозяйственное прово" (national law, not "экономическое прово" (Economy of the law. In fact, the economic law to adjust the object is the "national economic relations." Now most people think of "economic law is to adjust the relationship between market regulation and macroeconomic regulation and control the relationship between legal norms in general" is also established relationships in the national economy on the basis of this adjustment object of. adjustment of economic law is the object of pure experience derived from two concepts, one could settle down from the social relations in social and economic relations, and second, from the socio-economic relations in the relationship between precipitation out of the national economy.

Second, the institutional system of economic law on the composition of the formation of a cross-sector law properties. Interdepartmental law structure of economic law on the national economic system run by the service target of the system of legal norms constitute a unity, is an important form of modern economic law is structure of the traditional method of "discard."
Economic law system since the early 20th century inception, the relationship with other legal departments have not been very good in theory, sort out, the reason is that public and private experience into theory, the deposition of thousands of years, some scholars have in-depth soul and become a cure mode of thinking, it seems that any new law phenomenon, if not in the public and private law division of the structure found in a reasonable position in the legal system can not "settle down." emergence of the phenomenon of economic law, into the hall of Law process, after public and private law "hurdle" when not faced the condemnation of the "trouble" will prove this fact, "trouble-maker" is not itself a problem of economic law, but public and private classification system can not adapt to the new requirements of economic and legal relations, is a rigid, inflexible law division of the department created a legal order of the disorder. is the traditional system of economic law department of law to the modern law system into the legal culture in the formation of crystals, which break structure of the traditional branches of law, but also changed the public, private division of the theoretical basis and the composition of the legal system.

Economic law system has the characteristics of the structure of cross-sector law can be understood from the following three aspects.

The first is the economic law of inter-departmental structure of the basic elements of law is being distributed in the legal departments of many special laws regulate these particular norms of classification criteria is the public interest. Safeguard the public interest is a value category, the modern national all the environmental protection legislation, to maintain sustainable economic development, protection of competition, such as the law of the highest order of spiritual pursuit, the public interest is the fact that a social context, to show the phenomenon is its objective. specific to the legal department, a situation is a public interest legal interests of the legal department, the legal norms in general have the properties of economic law, such as antitrust laws, and the other is located in the private sector led by the norms of public interest, because " public law on private law (such as the penetration of the Land Law "to become economic law norms," ​​the law of obligations, the force of law or unilateral imposition of a growing number (such as consumer credit, leasing. personal income profits must bear the tax burden and the burden of social insurance, private autonomy of individuals lost to determine the full use of income and some trading conditions were to deviate from the arbitrary use of law must be subject to many restrictions. "[13] (P145 )
The second is the economic law of cross-sector law structural remodeling of a country's law system and the law system. The traditional method is a form of architecture: a similar law norms - and judicial departments - public and private domain - France system due to build upon - within the law department has changed the nature of norms, resulting in law elements of the system structure changes. Architecture of the new law are: heterogeneous norms - formal and judicial departments - across the public and private domains - law system - law system so that the original economic system that is standardized by the law in some sectors composition, becomes the national interests, social and economic benefits for the legal interests of the sector norms and cross-sectoral composition of the system of common law norms system.

Again, the national economic system led to economic and legal relations of the content of the compound due to the enhanced functions of the national economy and the expansion of the State to exercise executive power in large part for regulating the social and economic relations in these powers, the administrative functions separated, economic functions emerge, forming a unique economic power. the one hand, economic power from the executive power, reflecting the will of the state and national force, on the other hand, this economic power dependent on the basis of rights, which led to economic and legal relations between the content of a composite, that is, from economic rights, economic power and economic obligations of common components. laws and regulations limit the freedom and autonomy of market players, but does not deny freedom and autonomy, is to squeeze the space for freedom and autonomy.

Finally, the purposes and principles of economic law, the formation of economic law is adjusted for the maintenance of public interest, protect national stability and development, the principles of natural economic law to follow the principle of public interest, although this principle is also reflected in Civil law (acts against the public interest in Civil actions to be invalid), but the principles of economic law in the public interest to be further refined, the interests of consumers, competitors interests, the interests of workers, small and medium enterprises are regarded as manifestations of public interest, and develop the appropriate legislation.

In short, the national economic system of the theory of economic law from the simple "economic law have a" expanded to the concept of economic law, purpose, principles, system composition, etc., contributed to the theoretical system of economic law.


(B economic impact of globalization on the theory of economic law
Economic globalization requires the handling of internal and external relations are compatible with the principles and methods of innovation.

First, the principle of innovation if the socialization of production to solve social conflicts produced a state interventionism, national economic system of the adjustment requires the State to adhere to the economic principle of public interest, then, the theory of economic globalization on the most essential economic law touch is the formation of the economic legal system have a commanding role in the operation of the guiding principles - the principle of national economic sovereignty.

National economic sovereignty, including the rights of States over their natural resources, national economic security and international relations in the right choice, self-determination, the right to development, but that universal awareness of the legal system and affect a country's economy is the biggest economic security rights.

Economic security is the basis for the country's political security, refers to the national economy can withstand a variety of domestic and international economic risks while maintaining a smooth and orderly running of the situation, therefore, should establish the principle of economic sovereignty in command in the status of other principles of economic law.

In the economy under the guidance of the principle of sovereignty, the need for internal and external economic relations Bu equalization order to protect their own interests and enhance their industry competitiveness on the international market, the Government will support a major business combination or indulgent behavior, such as the Microsoft antitrust case in the United States and the nature of the case itself did not follow legal requirements and standards in order to split Microsoft, but Microsoft settlement means to maintain the integrity of, and thus protect the U.S. software industry's international competitiveness. For some years, the U.S. imposed The "differentiated and limited restrictions on competition policy", which is a large part of foreign competitors for the implementation of the various countries in the international cooperation in the uneven treatment reflected in the economic field, an independent country in foreign open its domestic markets to attract foreign investment and engage in international cooperation, the first of these activities are placed under state control, if necessary, would also have to implement some special measures to: protect the domestic market, foreign investment in vital and national interests field implementation of restrictions to support domestic industry, in particular, to improve the competitiveness of the national economy shall be encouraged, etc. Specific methods such as allowing domestic investment management, prohibit or restrict foreign investment, allowing its operators to take a certain behavior is prohibited to take the internal kinds of behavior, such as import and export cartels.


Second, the methods of innovation. In modern times, the country's two major functions of transformation occurred in the loss of self-discipline of laissez-faire market economy, full-fledged crisis situation, the state assume the responsibility of leading the community, requires legislation to reflect "public interest" "social welfare", the state is the superstructure areas, but also the economic base areas. [14] (P51) to ensure public access to minimum standards of income, nutrition, health, housing, employment opportunities is a national responsibility, which is opposed to political countries, first change of state functions.

Economic globalization, the increased risk of the national economy, largely through the traditional methods of legal regulation can solve the general economic risks from domestic, but from the international risk and can not effectively resist. Countries continue to strengthen regulation of the functions of the domestic economy also explore new means of controlling international risk, such as high-risk enterprises such as direct state funding, thus, resulting in another country a special responsibility, can be called the national public responsibilities. This is from one side to reveal the state functions is undergoing a second change.


In summary, the transformation of the social background of the new system requires a corresponding in the context of transformation and institutional change occurred on the basis of the modern theory of economic law to expand the national economy system of the theory of economic law to be systematic, while the global economy of the systematic coordination of economic law theory produced a central issue in economic relations - in the national economy under the principle of the sovereignty of the adjustment method to choose the appropriate allocation of economic power, rights and obligations.




Notes:
[1] Achilles is the hero of Homer's Iliad, is Peleus and Thetis's son. In addition to the legendary Achilles foot outside of the body invulnerable, now the only Achilles' heel for the metaphor.

[2] This conclusion has been recognized by some scholars and accurately expressed, but only a recent thing, compared to the emergence of Chinese economic law theory, this theory has come so late it seems difficult to accept.

[3] Japan Economic Law scientist Jinze Liang Xiong said: Law is in a capitalist society to the state instead of the hand of the invisible hand to meet a variety of economic, that the social coordination requirements established by law, civil law to compensate adjustment is less than the legal status of the blank, that includes the private sector and civil society in a relatively public area of ​​the law. See [Japan] Jin Zeliang male: <<Economic Laws>> Manda were translated, Gansu People's Publishing House 1985年版,第25页.德国法学家拉德布鲁赫认为,经济法产生于立法者不再满足于从公平调停经济参与人纠纷的角度考虑和处理经济关系,而侧重于从经济的共同利益,经济生产率,即从经济反面的观察角度调整经济关系的时候.经济法产生于国家不再任由纯粹私法保护自由竞争,而绣球通过法律规范以其社会学的运动法则控制自由竞争的时候,而这种法律规范本身就是可能在社会学运动中有效干预的社会学事实.参见(德)拉德布鲁赫:<<法学导论>>,中国大百科出版社1997年版,第77页.德国学者哈贝马斯(J．Habermas)曾指出,在19世纪末,最晚到一战时期,当市场主体的利益冲突无法继续在私人领域内部得以解决时,冲突便会向政治层面转移,从而使干预主义得以产生,而随着资本集中和国家干预的加强,在国家社会化和社会国家化的过程中,便产生了不能完全归于传统私法领域或公法领域的一个新领域,这是对古典的私法制度的突破.参见[德]哈贝马斯:<<公共领域的结构转型>>,曾卫东等译,学林出版社1999年版,第170-179页.

[4] 已故著名英国经济学家琼·罗宾逊(1903-1983编著了用以研究和评论陷入危机中的凯恩斯主义一书:<<凯恩斯以后>>,多视角展现了上世纪70年代末至80年代初学者对凯恩斯主义的怀疑和批评.参见(英)琼·罗宾逊主编:<<凯恩斯以后>>,虞关涛等译,商务印书馆1985年版.

[5] 分类方法不完全一致,其他分类可见:何维凌、邓英淘:<<经济控制论>>,四川人民出版社1984年版,第224-225页.另见商德文:<<社会主义市场经济体系>>,山东人民出版社1993年版,第39-41页.

[6] 我国1995年制定的<<商业银行法>>以效益性为第一位原则.2003年修改时,安全性原则被放在首位,体现了立法者对银行业经营风险的重大关切.

[7] 是作为生物种族或生物形成中的发展状态一个具有专门含义的术语,指生物进化和类别细分使表面停滞但内里夹杂着的生物大规模灭绝和生物间替代的过程.美国学者鲍姆加特纳和琼斯(1993在研究了不同时期、不同领域大量的政策制定案例之后发现,政策制定同时存在跳跃和几乎停滞的时期,创立了间断－平衡理论.

[8] 黑格尔认为,概念的界定需要三个要素:特殊性、普遍性和个体性.这三个要素从另一个角度认识也就是:事物间关系的同、异和根据.参见(德〕黑格尔:<<小逻辑>>,商务印书馆1980年版,第331-334页.转贴于 免费论文下载中心 http://www.hi138.com