国家在经济法主体中的角色定位分析word格式论文.docxVIP

AbstractResearches on the subject of economic law have made great contributions to the body of knowledge of the economic legal theory. Both approaches of state (government) - the market dual model and the state (government) - social groups - the market interaction model are all regarded as important theoretical framework in the study of economic law. The idea of market failures, state intervention is taken for granted in the analysis of the status of state in economic law and. Though this idea provides legitimacy to the interventions of state on market on the purpose of solving market failures, it is still difficult to give a perfect answer the states appropriate role in economic law. On the one hand, it is difficult to clarify the differences of the states role in economic law and that of in administrative law; on the other hand, the intervention boundary of the states power in the economic law has not been clearly defined. Therefore, the responsibility of state in the theoretical field of economic law is not clear. As argued in the current study that states should clarify its role in economic law, and the positioning of this role should depend on the specific social relations on which state intends to intervene, rather than the properties of state itself. If we failed to define a reasonable states role in economic law, logical confusions about the theory of subject in economic law and conflicts between legal departments system would be brought in. Meanwhile, as the state is the main body of economic law, we should define the states rights, obligations and responsibilities. Therefore, positioning the states role in the economic law correctly would make great contributions both theoretically and practically.Firstly, this study will introduce the concept of subject of economic law and deeply discuss the characteristics of the states role in the economic law, find the main reasons which result in a wrong role of state locating in economic law circle in china. Secondly