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A Research on the Value Reference of Economic Constitutionalism in the Perspective of Increment Interest

Author: YangZuo
Tutor: LiHong
School: Henan Normal
Course: Economic Law
Keywords: Incremental benefits Doctrine of the Increment Interest Economic restrains Value reference
CLC: D922.29
Type: Master's thesis
Year: 2011
Downloads: 2
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Abstract

The proposal of incremental benefits was resulted from the economic law’s inability to explain theoretically and reasonably a number of thorny issues faced by the current economic law. Although the economic law was officially recognized as a dependent department law by legislation, it incurred various censures for its existence justified as a branch law. Civil law, administrative law, and criminal law have been incapable of and indifferent to the adjustment of social relations formed in incremental benefits of traditional sectors in economic life. The economic law whose focus is on the adjustment of incremental interest, however, response to and set to deal with these thorny issues. The incremental benefits are taken as the object of economic law. The modern property of economic law attributes it to the modern private law. The person with the labor right is the main subject of economic law while its extended subjects include natural persons, companies and countries, as well as the middle class in the society. And the extension of economic law is relatively open. The valuable core of economic law is the conflict of the residual right in modern society.The proposal of economic law stemmed from the loss of market virtue which was caused by the limitation of a single market power and the effective intervention by the government. Modern market economy is the effective combination of state intervention with market mechanism. In the modern market economy, state intervention and effective government replaced the concept of national neutrality and the notion of limited government. Constitutionalism is needed not only politically, but also economically. Economic constitutional action aims at proposing a set of socio-economic and reasonable, constitutional, economic order and building a legal mechanism of economy by sharing the constitutional power. The value reference of economic constitutionalism requested that the public economic action can not do without the constitutional agreement and constitutional support. The core of the economic constitution lies in setting the due process of government economic activity.Constitutional issues of the economy was addressed in the domain of incremental benefits for its importance,powerful persuasive interpretation of the incremental benefits in economic law and the vacancy of incremental theory. The economic constitutionalism is rarely addressed in the domain of incremental benefits. Economic constitutionalism provides us a set of democratic institutions to protect the incremental benefits in our economic life. The main objective of economic constitutionalism is to establish a democratic mechanism to solve the problem of residual rights, and to protect everyone’s share, including natural person, corporation, state as well as the middle class in the society, in the incremental benefits. Economic constitutionalism deals with the residual conflict concerning national economy by macro-control legislation. The construction of economic constitutional law should be led by economic law.

A Research on the Value Reference of Economic Constitutionalism in the Perspective of Increment Interest

Abstract

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