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An Analysis of the Research on the Object of Adjustment of Chinese Economic Law

编辑: 毕业论文 Release time: 2016-08-18 Editor: Graduation thesis

Abstract of thesis: For more than two decades, the legal field has been studying the adjustment object of economic law. This article expounds the different views of scholars on the adjustment object of economic law from three periods and compares them. From the legal theory and judicial practice, A more realistic understanding of perspective.

Key words of the dissertation: economic law adjustment target market management relationship macroeconomic management relationship

China's economic law and economic law were born in the late 1970s. The convening of the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China marked the return of China's work focus to economic construction as the center and adhered to the correct path of reform and opening up. In June 1979, at the Second Session of the Fifth National People's Congress, the central government proposed that with the development of economic construction, we need to formulate various economic laws. The concept of "economic law" has increasingly appeared in many official documents in China since then. The legislative work and theoretical research of economic law have flourished. After more than 20 years of continuous exploration and research, with the hard work of many scholars, China's economic law has become a basic legal department alongside civil law and administrative law, providing legal guidance and support for China's economic construction.

According to the basic theory of jurisprudence, the object of legal adjustment refers to the social relations adjusted by legal norms. Because the content and nature of various social relations are different and the scope and methods of the state's adjustment of social relations are also different, different social relations need to be adjusted by different legal norms. When some of the social relations that constitute the object of adjustment belong to the same category in nature, the legal norms for adjusting these social relations can be self-contained in a certain sense, thereby forming a relatively independent legal department, and based on this It has established a complete legal system for a country. Therefore, the most important criterion for dividing the legal department is the adjustment target of the law. Many economic law scholars use the adjustment object of economic law as a starting point to construct a theoretical framework of economic law and form a multi-sectarian contention pattern. For the sake of expatiation, this article divides more than 20 years of Chinese economic law into three historical stages and explains them separately.

I. Before the promulgation of the General Principles of the Civil Law from 1979 to 1986

At the beginning of the emergence of economic law, in the study of the adjustment object of economic law, the first problem encountered was whether there was a specific adjustment object of economic law. There are two diametrically opposed claims to this. The first is the "negative theory", which says that the so-called adjustment target of economic law, that is, the economic relations adjusted by various laws and regulations of economic law, actually belong to legal departments such as administrative law, civil and commercial law, and labor law. Therefore, economic law does not have its own specific adjustment target. Based on this assertion, some scholars have suggested that economic law is not an independent basic legal department. Most of the "negative" views are non-economic law scholars, and such views had a great influence until the mid-1980s. However, with the deepening of China's reform and opening up, and especially the start of the reform of the socialist market economic system, a large number of new economic relations have emerged in our country. Practice has proved that these new economic relations are significantly different from the original economic relations, and the original legal departments such as civil law and administrative law can no longer make effective adjustments to them. Therefore, the establishment of the basic legal department of economic law has become The needs of the times. Then in the academic circle, economic law is considered to be an independent basic legal department. The "affirmation theory" with its own specific object of adjustment has been supported by most scholars, and this view has been clearly affirmed by our legislature.

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