Economic Overview
Economic law is the law, the legal system is among the youngest of the “Seed.” On a world scale, but the history of the 80s and 90s, in China only 10 years of history. Both slavery, or the feudal system, a lot of adjustment of economic relations between the legal norms, even some separate regulations. But they are at best only a certain generalized Economic history form. They are neither modern economic law, it is not an independent scientific significance of Economic Law. Modern Economic originated in a capitalist society, and then developed in the socialist countries. Capitalist Economic should occur naturally in a capitalist contradictions most concentrated and most of intensification. Generally that it originated in Germany, time is about the 19th century, early 20th century. Capitalist Economic experienced a period of World War “combat readiness Economic Law” ( “dirigiste economy Act”) 30 era, the “crisis response”, and after World War II, “Economic revitalization” several stages. The 1920s, after the October Revolution in Russia in the socialist public ownership basis, to meet the state management of economic life, in the promulgation of the “Russian Civil Code,” before and after, also promulgated many laws and regulations. One, economic concept of the Economic socialist commodity economy overall relationship, the comprehensive system, a comprehensive adjustment of the legal department.
At this stage, mainly the social production and reproduction process, all kinds of organizations to participate in the basic subjects of economic management and a range of operational coordination.
Following from 3:00 grasp this concept :
(1) Economic economy is the name for legal norms (2) Economic adjustment to economic relations between the legal norms of tributaries (3) Economic adjustment is the range of two economic relations, Economic adjustment of the target object Economic adjustment means state organs, enterprises and various economic entities in the organization and leadership, management and coordination of economic development activities are the economic relations. (1) national economic management relations in economic management that is vertical economic relations. Including national (and its authorized organs) to enterprises, social organizations and institutions such as macroeconomic management relations, and corporate social organization’s own micro-economic management, For example, taxation, banking, price regulation, land use planning, etc.. (2) coordination between business operators to coordinate relations and economic law that specifically refers to the adjustment as part of lateral economic relations.
This concept and economic cooperation between different concept, which includes business process inevitable in the economic competition. In general, economic adjustments by the major national plan of restraint, from the direct management of the country, or related to the interests of the whole.
As well as a number of other important business relationship between the national economy and coordinating relations. Horizontal economic relations, including joint economic relations (such as inter-enterprise mergers and acquisitions). economic cooperation (joint venture contract with the consortium) and the relationship between economic competitiveness. (3) internal economic relations internal economic relations, refers to the enterprises and other organizations within the organizations which occurred between some of the important economic relations vertical and horizontal economic relations. Mainly referring to the internal leadership structure, economic accountability, internal contracts and internal economic contracts, economic accounting system so the relationship. (4) foreign economic relations foreign economic relations, I mean foreign factors with the economic relations and business management coordination, For example, foreign-invested enterprises legal system. (5) other economic law should be adjusted three economic relations, economic nature the essence of Economic Law has two implications. First, the general sense of class; the second is that it is different from other legal departments of legal attributes. China Economic socialist legal system as an integral part of in general, also embodies China’s working class and the people’s will and interests, there are different from the legal exploitation of the class should have the class.
We referred to the Economic legal attributes, economic law is different from other legal departments of the nature and function. (1) Economic Law is comprehensive, systematic Adjustment Act : First of all, Economic Law in the targets including the national economy in various fields and sectors and departments. Secondly, the adjustment method, and integrated use of administrative, civil and even criminal adjustment method. (2) Economic law is a balance : Economic legislation and law enforcement from the coordinated development of the entire national economy in the interests of society as a whole, specific economic adjustment, to promote the achievement of social goals with the overall objectives of the individual interests of unity, such as tax laws. (3) Economic focus is economic democracy and economic unity of opposites law : economic law is to protect the individual interests of the whole community and the interests of the law. (4) economic law of “social responsibility based” law : the traditional administrative law keynote is “based executive powers.” China and France is the traditional individual-based, rights-led, that is, to “individual rights-based” as their ideological thrust. Economic law is “based social responsibility” law, based on social responsibility as the highest criteria. Both the State and enterprises, must first socially responsible.
The responsibility to the community on the basis of the enjoyment of rights and interests. Social responsibility is not based “service-based enterprises.” Because it requires national and enterprise responsible for the society. “Social responsibility based” thinking with the essence of socialism, with the orientation of social development.
4. Economic form (the Economic Origins) (1) the Constitution (2) Legal (3) administrative regulations, (4) local regulations ( 5) department regulations (6) judicial interpretations (7) international treaties or agreements (limited to our participation in the formulation or approval) 5, Economic systems Economic system is broadly divided into three parts : economic organization, the operation of the market, economic protection law and economic supervision, regulation and control law.
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