论市场准入制度的法理基础与立法完善-法律·经济法学专业论文.docxVIP

山东大学硕士学位论文Abstract 山东大学硕士学位论文 Abstract Market access and the social relationships it results in are the important concern of economic law，and the study of them are of great meaning both in theory and in practice．And this text gives all initial study of the jurisprudence basis of market access law and the relevant regulation of legislation，including three parts． The first part describes the basic concepts of market access and market access law．The article provides the following definition for market access by analyzing the etymology of the word market access，the theory and the institutional practices from the angle of national and intemationallaw：it is the direct contr01 or itervention that the government(or country)allows market players and trading partners to enter a particular market to do，according to certain rules，in order to overcome market failures and achieve some sort of public policy．And the market access law is a total of law rules that the government uses to regulate the market entry and exit of the market players，and the products and service也ey provide，inorder to raise the rate of resources distribution， prevent disorderly competition and protect economic security．Being in accord with economic law，the market access law is part of it，though it connects closely with civil law and administrtative law． 6 山东大学硕士学位论文The 山东大学硕士学位论文 The second part analyzes the jurisprudence basis of market access． The article holds that market access reconstructs the contradiction entity of power and fight，and the social relationships brought by power intervening in right are the very important category of legal philosophy． And it has been a core topic in legal theory that how the countries intervene in the market moderately and reasonably．Today，the further and further economic access reform in our country urgenly demands innovation in theory．In modem economy，relating to how to overcome the market failure and government failure，the authority of government and government admini