Among all kinds of spiritual and cultural achievements created by human beings, the legal system is an extremely peculiar social phenomenon. Law is the regulator of the real society, the guarantee of the people's all-out efforts, and a powerful lever to confirm different social status through state coercion.
Economic law is a legal discipline that studies the general law of the emergence and development of economic law, the relationship between economic law and social phenomena such as social economy, law and other legal departments, and the content and realization of economic law. Therefore, the core of the research object of economic law is economic law. Economic law is an important branch of China's legal system. The inherent feature of economic law is that it is closely related to the state's direct participation in the process of social reproduction and its intervention and adjustment of the economy. Therefore, the primary task of economic law is to study how to use legal norms to cooperate with the state to ensure the stable and coordinated development of the economy and make it play a leading role in the economic and legal adjustment. The broad position of economic law refers to the independence and importance of economic law in the whole legal system, whether economic law is an independent legal department, the role and value of economic law, and the relationship between economic law and relevant legal departments. The status of economic law in a narrow sense refers to whether economic law is an independent legal department.
Economic law is the sum total of legal norms that the state adjusts the social and economic relations arising from intervention, management or regulation of economic activities from the overall interests of society. Economic law mainly consists of two parts: the law to create an equal competitive environment and maintain market order; Laws on national macro-control and economic management. The essence of economic law is that the state uses administrative power to carry out macro-control and market management on the economy and adjust the vertical economic relations, that is, it uses state power to intervene in the economy. Principle of economic law: 1, principle of moderate state intervention; 2. The principle of balance and coordination; 3. Maintain the principle of fair competition; 4. Protect the principle of social equity. The role of economic law 1, the need to maintain class rule. 2. Promote the development of various economic sectors with public ownership as the main body. 3. Ensure and promote the smooth progress of economic restructuring. 4. Promote the development of opening to the outside world. 5. Protect competition and promote alliances. 6. Promote the internal management of enterprises.
The market is not omnipotent, and the spontaneous market mechanism is blind, microscopic and lagging. The optimal allocation of resources cannot be realized, resulting in resource waste. The government's intervention in the economy has gone through three development processes: ① insufficient intervention; ② Excessive intervention; ③ "moderate" intervention. As an economic law to adjust national economic relations, it is an "intervention" law to ensure "moderate" government intervention. Because economic law itself is the product of government intervention system, its essential feature is "intervention".
Keynesianism strengthens state intervention, while government intervention is excessive. Excessive exaggeration of government intervention has brought negative effects: ① the "regular" government intervention in the economy has weakened the role of the market mechanism; (2) The "big government" has brought a huge fiscal deficit; ③ Inefficiency and high inflation coexist, and so on.
The main reasons for the government's "failure" are: ① the special interests of the government; (2) Lack of government welfare; ③ The difficulty for the government to collect information ④ The existence of public expectations.
The economic role of the government: ① maintaining the order of competition (promoting competition) ② limiting monopoly (referring to the control of natural monopoly industries and enterprises) ③ correcting market failure (safeguarding social rights) ④ regulating macro-economy ⑤ direct operation of the government.
The development course of economic law in China: 1978—— 1986: the initial stage and vigorous development stage of economic law; 1986—— 1998 stage: economic law is in the most difficult stage of development due to the challenge of other partial laws; 1998-2000 stage: with the state's emphasis on economic law, economic law has entered an active and prosperous stage again; The stage after 2000: with the continuous development of domestic and international economy, the status of economic law is increasing;
The specific adjustment object of economic law: social relations in the process of managing and adjusting market subjects; The relationship between management and standardizing market order; Adjust social relations in resource allocation; Economic stability regulates relations; Social security relationship; Foreign economic management relations.
Economic law can include four parts: market subject law, market behavior law, macro-control law and social security law. Market subject law includes sole proprietorship enterprise law; Partnership enterprise law; Enterprise bankruptcy law; Company law. Market behavior law includes anti-unfair competition law; Product quality law; Consumer protection law; Advertising law; Trademark law; Patent law; Accounting law and auditing law
Through research, it is clearly recognized that retail enterprises, as listed joint-stock companies, should set up organizational structure, board of directors and board of supervisors in accordance with the relevant provisions of the Company Law. In accordance with the relevant provisions of the Company Law, establish a system of rules and regulations according to law and improve the corporate governance structure.
As a retail department store, selling goods to consumers is an important circulation link. As a seller, retail enterprises should bear corresponding product quality responsibilities and obligations. The price of goods sold is regulated by the price law, and the rights and interests of consumers are respected. Consumers are protected by the Consumer Protection Law.
The Product Quality Law of People's Republic of China (PRC) promulgated by 1993 was formulated on the basis of the socialist market economic system. It integrates product management and supervision with product quality responsibility; Unify the pre-supervision, in-process supervision and post-supervision of product quality; Shift the legislative focus from "as for already" to "nip in the bud". China's product quality legislation not only draws lessons from foreign product liability theory, but also summarizes China's product quality legislation experience, becoming a more advanced and modern product quality law. In July, 2000, the 16th meeting of the 9th the National People's Congress Standing Committee (NPCSC) revised the Product Quality Law. Product quality management system includes certification system; Production license system; The product quality supervision system is divided into three basic forms and ways: form 1. Enterprise supervision; 2. Social supervision; 3. State supervision; Route 1. Product spot check system; 2. Product recall system.
Seller's product quality responsibilities and obligations. The seller shall establish and implement the incoming inspection and acceptance system, and verify the product certificate and other marks; The seller shall take measures to maintain the quality of the products sold; The product identification sold by the seller meets the statutory requirements; Shall not violate the prohibitive provisions of the product quality law.
Product price is directly related to economic development, people's life and social stability, and the price issue is an important part of China's socialist market economy legal system. China's "Price Law" clearly implements and improves the mechanism that prices are mainly formed by the market under the macro-control of the state, and stipulates the pricing behavior of operators and the government, the state's control of the overall price level, price supervision and inspection, legal responsibilities and other specific contents, which is of great significance for standardizing price behavior, giving play to the role of prices in rational allocation of resources, stabilizing the overall market price level, protecting the legitimate rights and interests of consumers and operators, and promoting the healthy development of the socialist market economy.
Price behavior of operators. In addition to the government-guided prices and government-set prices in accordance with the law, the market-regulated prices shall be implemented. Market-regulated prices shall be formulated by operators in accordance with the principles of fairness, legality and good faith. The basic basis of operator pricing is production and operation costs and market supply and demand. Operators should strive to improve management, reduce production costs, provide consumers with reasonable prices of goods and services, and obtain legitimate profits. Price supervision and inspection includes price supervision and price inspection. Price supervision includes national supervision and social supervision, and its main task is to supervise the legality of prices and the problems existing in price implementation. Price inspection means that the competent price department of the people's government at or above the county level shall inspect the price activities according to law and impose administrative penalties on illegal acts in accordance with the provisions of the Price Law.
China's legislation to protect consumers' rights and interests: The broad consumer rights and interests protection law is the general name of legal norms that adjust the social relations between the state, operators and consumers in the process of protecting consumers' rights and interests. China's narrow legislation to protect consumers' rights and interests is the Law on the Protection of Consumers' Rights and Interests enacted by 1993.
The Consumer Protection Law clearly stipulates that consumers in China enjoy nine rights: the right to security; The right to know the truth; Independent choice; Fair trade rights; The right to claim compensation; Right of association; The right to acquire commodity knowledge; The right to be respected; Supervision right.
Obligations to be performed by operators: 1. Fulfill legal and agreed obligations; 2. Obligation to accept supervision; 3. Obligation to ensure the safety of goods and services; 4. The obligation to provide true information about goods and services; 5. The obligation to indicate the real name and mark of the commodity; 6. Obligation to issue purchase vouchers or service documents; 7, the obligation to ensure quality; 8. Fulfill the obligation of "three guarantees"; 9. Obligations stipulated by other laws.
Legal liability of business operators for violating the law on the protection of consumers' rights and interests: 1 The civil liability of the operator in violation of the law on the protection of consumer rights and interests; 2. The operator's administrative responsibility for violating the consumer rights protection law; 3. The criminal responsibility of operators and state functionaries who violate the law on the protection of consumers' rights and interests.
To sum up, modern economic law is a legal means to protect and realize economic freedom, which is its starting point and destination. It should intervene and restrict for the sake of freedom, not restrict or even stifle economic freedom through intervention. Only through the balance and coordination of economic law can we create and maintain the external environment in which the free market mechanism and civil law play their roles. For China's economic law, only the national is international; Only openness is modern.