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On the Structure of China’s Economic Law

Author: ZhuDongQiang
Tutor: LiuGuangHua
School: Lanzhou University
Course: Economic Law
Keywords: China’s economic law structure of economic law consumer idea
CLC: D922.29
Type: Master's thesis
Year: 2012
Downloads: 195
Quote: 0
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Human beings are rational animal, and all human activity is objective activity. Law subject, as a human activities is the same case.The influence of the traditional division theories, the subject to legal research purpose is quite poor. The law is a better life for human, law is indirectly for this purpose. The legal system for the protection of all the people always interest for the purpose, and specific legal department is to protect the interests of the people of a certain part of for the purpose, or the people’s play a role for the purpose of social interests. Such as: administrative law to protect the administrative relative person this part of the interests of the people for the purpose, labor law to protect people’s workers in the interests of the role for the purpose of economic laws to protect people’s role for the purpose of consumer interests. Each national and every social role of the interests have the corresponding legal departments’ protection, thus to construct countries (social) to be a big machine and orderly, fair, efficient operation system foundation.Chinese economic law system should not only define the economic law and other departments legal boundaries, and also other economic law and the other subjects, such as economics, finance, accounting and policies, etc."The system" a word itself contains the internal structure. The goal for the division standard with law, economic law to protect the interests of the consumer has four ways:first, clearify market subject qualification, standard and rights structure; Second, maintain the order of the market economy; Third, develop economy, to make the economy more stable and rapid development; Fourth, to supervise market economyMarket economy is made up of consumers, managers (government, social interface layer) and operator, among them, consumer is in the key position. The rights of consumers should determine the government’s responsibilities, to make the country to perform duties and give its authority. Clear operator’s subject qualification, regulate the business operator QuanYi structure, the key is that do the typification of operators and product liability, social responsibility Settings. Social interface layer in a market economy in the management of many superior to the government, it represents the future direction of the managers. So, they form a subject of the economic law system of "four division" structure:consumers, government, and social interface layer and the producer.If Market is in disorder, it will first impaire or mainly impaire consumer, this is because the purchasing power of the the consumer is fragile. Therefore, the maintenance of market order is to state in the way to protect consumers in the first thing to do. Maintain the order of the market economy mainly use the means of regulation, namely to regulation means the market correction disorder. Market regulation law system mainly includes:consumer protection laws, competition law system, the product quality law, the price law system, advertising law system.To develop economy fairly is the most basic safeguard for the interests of consumers, and the most insurance way. From the view of economics, economic development is good for consumers and producers, but, that’s not the case. The economic damage might make the producers of currency (the value of the symbol) reduction, but, this will not detract from their vital interests. Fair and more stable and rapid development of economy mainly use the means of macro-control, macro economic control Jaw system is mainly to fair and more stable and rapid development of economy for the purpose. Macro regulation law system mainly includes:plan legal system, legal system, the financial industry law system, tax in the legal system, financial regulation law system, foreign trade law system.The government and social interface layer will also failure, so, there must be a set of complete market order and the mechanism of supervision in advance and afterwards macro-control supervision, feedback mechanism, the two sets of mechanisms are often fusion and is not be separated. These legal system are called the economic regulation law system. Currently includes:the legal system for the supervision of financial market, accounting and auditing law system.All the design of process of system structure above, is to effectively protect consumer rights.The design of system structure establishes the central position of the consumer, it echoes the party’s "the three represents" important thoughts and the "people-oriented" concept, it fulfilled the people who are the masters of the socialism with essential requirement of the system of Chinese characteristics.

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