Content of economic law system

(A) the theoretical content of the domestic economic law system

Because domestic scholars have different understandings of the adjustment object and nature of economic law, the content of economic law system is also different. Some people think that the economic law system should include two sub-sectors, namely, market regulation law and macro-control law ("dichotomy"). Market supervision law mainly includes anti-unfair competition law, anti-monopoly law and consumer rights protection law; Macro-control laws mainly include industrial structure control law, fiscal law, tax law, financial law and foreign trade management law.

Some people think that China should establish a legal department of market economy and comprehensively adjust the relationship of market economy. The legal system of market economy should be composed of the following three modules: market three-dimensional method, market behavior method and market macro-control method ("three-way method").

Some people think that the economic relationship adjusted by economic law is developing and changing, so the content of economic law system is also developing and changing constantly. We should establish a multi-level and complete economic law system to meet the needs of the socialist market economy. The economic law system should be composed of the following four parts: enterprise organization management law (the general name of legal norms regulating economic relations in the process of enterprise establishment, change and termination and enterprise internal management), market management law (the general name of legal norms regulating economic relations in the process of market management), macro-control law (the general name of legal norms regulating economic relations in macro-control) and social security law (the general name of legal norms regulating economic relations in the process of social and economic security).

Others believe that the new economic law system should be the unity of diversity and unity, the unity of stability and flexibility, the unity of existing and advanced, the unity of domestic and international, and the content of the economic law system should be composed of planning law and anti-monopoly law.

From the above point of view, we can see that the content of economic law system in academic circles mainly starts from two points: one is to exclude legal norms that do not belong to economic law from the economic law system, and the other is to solve the relationship between economic law and relevant legal departments (such as civil law and administrative law).

(B) the division of the content of the economic law system

The economic law system can't be as complicated as before, and the bigger the better, the all-encompassing; It should be a compact, rigorous and logical system. The economic law system has a hierarchical structure. From the academic viewpoints mentioned above, we can see that whether it is dichotomy (market regulation and macro-control law), trichotomy (market regulation, macro-control and market subject law), or fourfold method (market regulation, macro-control, market subject law and social security law), market regulation and macro-control law are the contents of the economic law system. The following author analyzes whether the market subject law and social security law should be included in the economic law system, which is controversial.

First of all, analyze whether the economic law system includes the market subject law. Let's talk about the subject of economic law first. The subject of economic law refers to the social subject who enjoys rights and assumes obligations according to law in the process of coordinating the national economic operation. Generally speaking, the subjects of economic law are divided into two categories: one refers to people who enjoy certain rights and assume certain obligations in economic management, maintaining fair competition, organizing and managing circulation cooperation and other legal relations; One category refers to the corresponding organizations participating in economic activities, such as enterprises. The former belongs to administrative law management, and the latter is a market subject in a general sense, especially organizations and individuals engaged in production and exchange activities in the market, including natural persons and legal persons. Among all the subjects participating in economic activities, enterprises are the most important market subjects.

The qualification of market subject is actually determined by civil and commercial law. The provisions of Articles 36 to 53 of the General Principles of the Civil Law have established the qualifications of enterprises, institutions, social organizations, legal persons and other market entities, which is a strong proof. Therefore, the subject in the market regulation law and macro-control law does not need to be re-established by the market subject law. As for how to regulate the behavior of market subjects, it is fully reflected in the market regulation law and macro-control law. Therefore, it is redundant to legally position the market subject in the law that regulates the behavior of the market subject. As mentioned above, the author thinks that apart from the market regulation law and macro-control law, there is no need to set up a separate market subject law.

Secondly, it analyzes whether the economic law system includes social security law. As mentioned above, the economic law system refers to a country's current economic and legal norms which are systematically and organically integrated according to different classifications, that is to say, economic law focuses on solving economic problems arising in the process of economic operation. The legal system of social security is an inevitable requirement for the establishment and development of market economy, and it is indeed closely related to economic law. However, the legal system of social security is different from economic law in purpose and adjustment object, and it is a regulator of social fairness.

Social equity is the objective need of the development of human society. Social equity is reflected in economic interests, mainly because there is no excessive disparity between the rich and the poor among members of society, which is the so-called "no poverty, no inequality". Under the condition of market economy, the income distribution mechanism is linked to the competition mechanism, which will inevitably lead to the inequality of income distribution among members of society, and even a large income gap. The strong get rich and the weak get trapped. In order to solve this social problem, it is necessary to use the legal system of social security to intervene in social and economic life. By providing social security measures, we can adjust the income of members of society, and transfer part of the income of high-income people to other members of society who lack income, so as to narrow the gap between the rich and the poor among members of society to some extent, make up for the defects of market economy, alleviate social contradictions, and promote the realization of social equity goals. In 200 1 year, China put forward the establishment of social law in official documents. Social law is a new department established to safeguard the survival and welfare of social vulnerable groups. Through the above analysis of the social security law, the social security law should belong to the social law system, not the content of the economic law system.

Through the above analysis, the division of economic law system should adopt dichotomy, that is, market subject law and social security law do not belong to the content of economic law system, and economic law system consists of market regulation law and macro-control law.