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The concept of "economic law" was first proposed by the French utopian socialist Morelli in his book The Law of Nature, published in 1755.
After entering the 20th century, German scholars began to use the concept of "economic law" to summarize the legal phenomenon of state speculation and economic intervention under the conditions of capitalist market economy.
Subsequently, the theoretical research results of German economic law were continuously introduced and put into practice in other countries. Since China proposed to strengthen economic legislation at the end of 1978, legal scholars have conducted a comprehensive and in-depth study of "economic law." After more than 20 years of research, we have basically affirmed the status of economic law in China's legal system, achieved many theoretical achievements, and made important contributions to China's economic legislation.
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The content of the general theory of economic law includes the subject of economic law, the basic principles of economic law, the value of economic law, and the concept of economic law, etc., which are described in detail as follows:
1. Introduction: Starting from the basic problems and basic contradictions to be solved by economic law, this paper puts forward the adjustment objectives, adjustment scope, adjustment means, system structure, basic characteristics, external relations and other issues of economic law, and further establishes the dual value and basic principles of economic law. On this basis, this paper analyzes the intrinsic relationship between the theory and system of economic law, as well as the internal relationship between the formal origin and the scope of effect of economic law.
2. Management: Begin to shift from static theoretical research to dynamic research on the operation of the base zone, introduce the operation theory of economic law, and introduce the operation links and procedures of economic law. Finally, this paper introduces the category theory and specific categories of economic law, refines the important categories involved in the theory of economic law from a more comprehensive perspective, and further summarizes the clues and main points of the book.
3. Significance: This work profoundly analyzes the basic theoretical issues of economic law, such as the concept and basic framework structure of economic law, the formation and development of economic law, the basic principles and characteristics of economic law, the position of economic law in the legal system, the regulatory means and effective guarantee of economic law, the implementation and regulatory procedures of economic law, and also highlights the important legal issues in the economic law system such as general economic law, special economic law, and international economic law.
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The contents of the general theory of economic law include: axiology, theory, body theory, and normative theory.
General Theory of Economic Law is a book published by Chinese University Press in 2009, written by Zhang Shouwen. Starting from the basic problems and basic contradictions to be solved by the economic law, the adjustment objectives, adjustment scope, adjustment means, system structure, basic characteristics, external relations and other issues of the economic law are proposed. At the same time, it also further establishes the dual values and basic principles of economic law. On this basis, this paper analyzes the internal relationship between the theoretical evolution and institutional changes of Chinese and foreign economic laws.
As well as the intrinsic relationship between the formal origin and the scope of effect of economic law, this paper takes the basic issues of the occurrence theory of economic law and introduces the important issues of the normative theory of economic law, including the subject combination and subject capacity of economic law, the behavior structure and modulation behavior, the power structure and regulatory authority, the principle of responsibility and the type of responsibility, etc. Since then, he has shifted from the study of static theory to the study of dynamic system operation, which leads to the problem of the operation theory of economic law and introduces the operation links and procedural systems of economic law.
Introduction to Economic Law:
Economic law is a legal department that carries out an overall, systematic, comprehensive, and comprehensive adjustment of socialist commodity economic relations. At the present stage, it mainly readjusts the economic management relations in which Zhongyuan participates in the process of social production and reproduction, with various organizations as the basic main body, and the relationship of business coordination within a certain scope.
It is necessary to grasp this concept from three points: economic law is the general term for economic legal norms; Economic law is a general term for the legal norms that regulate economic relations; Economic law regulates a certain range of economic relations. Economic law is a general term for the legal norms that regulate the social relations that occur in the process of macroeconomic management of the country.
Economic law cannot simply be regarded as the law that regulates economic relations. Civil and commercial law also regulates economic relations.
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The content of the general theory of economic law includes the subject of economic law, the basic principles of economic law, the value of economic law, and the concept of economic law.
Economic law has its own independent adjustment objects. The object of adjustment of economic law refers to the economic relations with social public character that are intervened, managed and regulated by economic law, which can be summarized as follows:
1. The state regulates the economic relations that occur in the process of economic organization. The purpose of the law regulating organizations is to prevent the emergence of monopoly organizations and to ensure the smooth development of the market economy organizationally. The laws of this side include the Company Law, the Law on Foreign-Invested Enterprises, the Law on Partnership Enterprises, the Law on Individual Investment, etc.;
2. The economic relations that occur in the course of state intervention in the operation of the market economy. The intervention of the state in the operation of the market economy is an important adjustment method of the economic law, which includes the first law, the bill law, the bankruptcy law, the financial law, the insurance law, the real estate law, the environmental law, the natural resources law, etc.;
3. The economic relations that occur in the process of state management and regulation of economic order. Japanese scholar Akinobu Dansue believes that economic law is the law of the state regulating market domination, and the core of modern economic law is the monopoly prohibition law.
The laws in this area include the Anti-Monopoly Law, the Anti-Unfair Competition Law, the Consumer Rights Protection Law and the Product Quality Law;
4. The economic relations that occur in the country's economic regulation and control. The characteristic of this kind of economic relations is that the state exercises macroeconomic regulation and control over the operation of the market economy, so that the operation of various economic departments is coordinated and the entire country's economy runs smoothly. The laws in this area include the Finance Law, the Tax Law, the Planning Law, the Industrial Policy Law, the ** Law, the Accounting Law and the Audit Law.
Legal basisArticle 1 of the Civil Code of the People's Republic of China.
This Law is formulated on the basis of the Constitution so as to protect the lawful rights and interests of civil subjects, to adjust civil relations, to preserve social and economic order, to meet the requirements of the development of socialism with Chinese characteristics, and to carry forward the Core Socialist Values.
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The related discipline of law and economics is called the practice of economics. ()
a.That's right. b.Mistake.
The answer is a
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1. The principle of creating a balanced and harmonious socio-economic environment.
There is a deep-seated reason why we emphasize the need to create a balanced and harmonious environment, rather than simply the principle of balance and coordination. Balancing and coordinating economic relations is a unique function of economic law, but if it is simply raised to the level of the basic principles of economic law, it is not sufficient, and the essential content of economic law is not fully revealed.
2. The principle of rational allocation of economic resources.
The reason why we want to mention "rational" distribution here has two meanings: First, it is necessary to make the law of value of the market economy play a normal role and complete the distribution from the bottom up, that is, it conforms to the principle of the spontaneous law of the market economy.
The law of value realizes the macro regulation and allocation of the entire social and economic resources by the micro effect on the decision-making and behavior of economic individuals, and successfully completes the primary distribution of economic resources, in which the market regulation law plays a guarantee role.
3. The principle of ensuring the sustainable development of the overall economy of the society.
"Sustainable development" originated in the 80s of the 20th century, and rose to the level of a statecraft in China in the mid-to-late 90s of the 20th century. The proposal of sustainable development is another revolutionary breakthrough in human epistemology.
This idea emphasizes not only the harmony between human development and the natural environment, but also the harmony between human development and the social environment, and only the harmonious development of human beings and the environment can achieve the sustainable development of human beings themselves.
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(1) The principle of optimal allocation of resources; (2) the principle of appropriate state intervention; (3) The principle of social standard; (4) the principles of economic democracy; (5) the principle of economic fairness; (6) the principle of economic efficiency; (7) The principle of sustainable development.
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