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Development,[link widoczny dla zalogowanych], equity, security Trinity - Economic Problems of the Basic Category of Law

【Abstract】 Based on the scope of the definition to clarify the importance of areas of economic law, and refining the basic areas of economic law - the right to development, distribution rights (fair right) and security rights. Could serve as a red line, and further analysis of the adjustment of the object of economic law, economic law principles, the main economic law, economic rights and obligations, economic and legal tasks and responsibilities of economic law in the areas of economic law group, to build China's basic economic Law of the legislative framework. Key words law, the right to development, distribution rights, security, fairness Chinese papers League finishing. One of the basic areas of economic law meaning 1, meaning areas refers to the type, range; one that people think the general nature of objective things, and reflect the broad. The latter is a philosophical term, foreign philosophers have conducted systematic research on this. Marxist philosophy holds that category to reflect the essential relationship of objective things form of thinking is the various fields of knowledge of the basic concepts. Each fledged academic subject has its own special category. Contradictions, such as philosophy, phenomenon and essence, necessity and freedom, economics, commodity, value, costs, profits; chemistry decomposition, combined; and so on. Can be said that areas of the cells as a discipline, its scientific, systematic and stability reflects and determines the existence of this discipline basis and prospects for development. 2, Economic Law should form their own unique areas of the basic economic law and foreign legal history of the 20th century's most outstanding achievements. It is the theory of economic law on the performance. Practice of law in emerging economies and strong, and wide, but the short time since its formation, in theory, a bit less, it is not surprising. However, this situation can not fully adapt to China's reform and opening up and socialist modernization requirements. Without innovation there is no way out. I once proposed to establish a strict scientific sense of the law, should have the two conditions, or the need to set up two support points: First, the economic law to form their own specific set of concepts and principles, to show itself has uniqueness; Second, the specific concepts and principles of economic law, in addition to, respectively, expressed in dozens of economic laws, hundreds of economic regulations and,[link widoczny dla zalogowanych], more importantly, there should be a concentrated expression of basic economic law , to raise awareness of economic law is indeed a whole. Because, as an independent, fundamental economic law legal department should be a series of specific organic combination of economic and legal norms, but can not be simply interpreted as only a dozen or economic laws, hundreds of economic regulations in general. Achieve this goal depends on a comprehensive economic legislation and a high degree of general legal theory. The basic areas of economic law (ie the underlying concepts), it is to create a scientific basis for the work of economic law, an economic research topics at the forefront of law. To date, foreign law not yet fully break through this problem. This work done, and can only be discussed only. Two basic categories of economic law means 1, the composition of the areas of economic law areas of economic law, first, a general law, followed by the Department of Law are , and also has economic, administrative, sociological, and scientific and technical specification of certain properties. The scope of economic law, the most basic things? Can be summed up as economic development, the overall economic interests of the coordination (balance of macro and micro-balance) and national economic security? The first is the right to development. As Comrade Deng Xiaoping revealed profound: followed by the distribution of power. Here the word Marx pointed out: II, p. 101.) Western scholars first proposed the concept of economic law is synonymous with the allocation of law appears. (Note: The This is made for the market economy, the inevitable choice. Shall protect and promote economic development, through the distribution and redistribution to achieve social justice, safeguard the economic security (both the dynamic of the relationship, but also the relationship between static), it shows that the purpose and tasks of modern economic law. The basic categories of economic law, it was stressed that the power interests was stressed. We believe that development, equity, security, not only reflects the power, but also reflect the interests of the unity of power and interests. Around the development, equity, security, but also have many other areas, to form areas of economic law group. The scope of economic law, there is a corresponding or symmetrical, such as the management and coordination, intervention and participation, macro-regulation and market regulation, market access and Shichangjinru, monopoly and competition, etc.; some used alone, such as business, consumers, development planning, pricing, economic oversight and so on. The scope of the corresponding or symmetrical can be used alone, some may correspond to a single use. The scope of economic law, economic law, respectively, in the performance of the object, in principle, subject, behavior, responsibility, etc. into the specific content. The scope of economic law, economic law is a part from the extracted form, the other part can be borrowed from other disciplines, economic abandon, running form one. Law as a developing economy, do not rule out the use of some of the public, private mixed areas. 2, build economic law must pay attention to several areas of group relations (1) the scope of economics, the impact on the economy Law of Economic Law of the legal economy phenomenon and its laws, economy and law relationship is a theme throughout. A large number of economic areas such as planning, budgeting, price, cost, enterprise, competition, must be applied to the economic jurisprudence. Some concepts and principles, you can examine from an economic point of view but also from the perspective of law to examine, for example, the relationship between efficiency and fairness. Of economic law, it should be from the economic to the law, from legal to economic, rather than from law to law, from the legal concept to the concept of law. Law is a combination of economic and legal, is a bit bad economy, somewhat laws. In recent decades, the United States and other Western countries, there's Correctly pointed out that the Western people of insight: closely together for the needs of our time contribute to economic law. page.) (2) Administrative Law and Economics the close relationship between the administration of research on how executive management in accordance with national economic, administrative and social affairs and internal affairs of the executive. The object of study in Economic Law, the legal status of government and economic management behavior Standardization. In taking economic construction as the center of today, the executive law is the most amount of work (development plan law, budget law, tax law, financial law, Audit, unfair competition law, product quality,[link widoczny dla zalogowanych], consumer protection law, land Management Act, Foreign Trade Law, etc.) to manage the national economy, the resulting economic law and administrative point of integration. Economic Law, Administrative Management shared these two disciplines is one of the basic concepts: the national economy statutory executive powers (we might simply call it economic management functions, some people think we can call it economic power and economic terms.) If the economic law of economics borrowed from the economic benefits of a class of basic categories of transaction costs, then it is of Administrative Management in the administrative power to borrow, a class of basic areas of public administration. (3) general areas of law and civil law, administrative law and other areas adjacent to a number of subjects in the economic law of in the humanities and social sciences, law occupies an important place. The basic areas of law are: rights, duties, responsibilities, and so on. Law is divided into a number of specific disciplines, such as constitutional law, civil law, economic law, administrative law, criminal law, procedural law. Branches of the portal will be the formation of law reflects the basic characteristics of the subject areas, but may also cross-use of certain common areas. Can not believe that the doors of branches of the concepts of law must not be connected. If so,[link widoczny dla zalogowanych], it is tantamount to denying the legal principle of general scope and specific legal subjects on the doors of the guiding significance. This is actually how to share resources related to legal issues. Economic law can be invoked, reference civil law, administrative law and other disciplines related to neighboring concepts and principles, concepts and principles and some of them new meaning or interpretation, but should not simply copy or mechanically applied. Some places are available, such as Another example can be referred to as Some materials will be (4) from the economic laws and regulations to extract features that reflect the legal terms of economic law often abstract concept of law is the law exists in the form of being. Since the law is the study of economic phenomena and economic law law of scientific development, which determines that it must be drawn from the rich economic laws, regulations and other relevant laws and regulations. Why can a series of economic laws and regulations based on an overall sense of general or practical sense of the law, the legal form of the key is that they have a certain commonality. Review it, this theory is still refining the work we are doing enough. Note that with the traditional legal departments, law branches compared to economic law, economic law is still in the initial stages of development, so we do not have to be limited to research existing economic legislation, must have a certain forward-looking. For example, at the turn of the century, sustainable development, national economic security, the modern enterprise system, the knowledge economy, new and sensitive social and economic problems, bound to economic law, economic law profound impact.

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