On the position and function of social intermediate layer in economic law

Since the reform and opening up, a number of organizations different from the government and enterprises have emerged in the market economy of China. These organizations are independent of the government and the market, and play an intermediary role for the government to intervene in the market and the market to influence the interconnection between the government and the market. They are the middle class of society, benefiting from the changes in material relations of production, and gradually being respected and understood.

First, the social intermediate layer is the qualification as the subject of economic law.

The subject of economic law is different from that of civil law and administrative law. According to the role theory, the same subject may have different roles because of different legal provisions. According to different roles, the middle layer can be divided into civil subject, administrative subject and economic subject. However, according to the dual attributes of social intermediate layer, it is theoretically flawed to divide it into civil law subject or administrative law subject, so we define social intermediate layer as economic law subject.

1, the emergence of social intermediate layer is similar to the rise of economic law.

Is economic law a government failure or a market failure? Double failure? In this context? Failure? The main manifestations are: macroeconomic instability, microeconomic inefficiency and unfair social distribution. Social intermediate layer is also produced when some problems cannot be dealt with in time due to market failure and government failure, and it is mainly used to solve them? Double failure? The social and economic problems brought about by this background are also completely in line with the objectives of economic law to balance individual interests and social public interests, promote economic growth, ensure efficiency and fairness, and coordinate economic development, so they are similar.

2. Both pay attention to the pursuit of social public interests.

Economic law is a social standard law, with the pursuit of social public interests as its main value concept and social standard as its basic position and destination. As a group separated from the political state and civil society, the social middle layer has strong fairness. Both pay attention to the pursuit of social public interests as the main goal, and both have a strong sense of social justice.

3. Both economic law and social intermediate layer play a buffering role and play a media role.

Economic law is the third legal field between public law and private law. With the strengthening of the relationship between government and civil society and the continuous improvement of the relationship between government and market, traditional private law and public law have been unable to adjust many subjects. Therefore, as the third legal domain, economic law came into being, which is more suitable for the development trend of the times and can play a good role between the government and the market, the government and civil society, and the market? Lubricant? Function, promote social harmony and stability, but also played a buffer role in the inevitable social contradictions.

Second, the typological analysis of the social middle layer.

1, economic management discipline

The subject of economic management mainly refers to the organization or institution established according to the Constitution and administrative law, and its nature, functions, tasks and subordinate relations. It is stipulated by the Constitution and administrative law to undertake national economic management functions such as decision-making, coordination, implementation and supervision. This kind of discipline is the combination of management and economy, and its management objects are not only highly economical, but also its management methods are highly economical. Of course, the authorities and the judiciary should not be excluded from economic management.

2. Social middle layer

Social intermediate layer refers to the main group that is independent of the government and market subjects, plays an intermediary role for the government to intervene in the market and affects the interconnection between the government and market subjects. Mainly include: industry intermediary organizations, enterprises with special qualifications and other intermediary organizations. These organizations enjoy certain economic authority according to the provisions of the law and the authorization of specific organs, and coordinate and manage within the scope of authority.

3. Market participants

Market subject refers to the basic participants in social and economic activities such as operators, laborers and consumers. Market subject is the basic unit of national economic activities, and national economic management activities are finally realized through their actions.

Third, the function analysis of the social intermediate layer.

1, the function of separating government from enterprise

(1) public service function. There are many kinds of subjects in the social middle layer and the services they provide are also varied. As far as its activity space is concerned, its public services are mainly distributed in the fields of economic certification, environmental protection, rights protection, community service, economic intermediary and so on. Its basic functions are: asset evaluation, consumer rights protection, community service, economic intermediary, etc. Taking the American Association of Processors as an example, its functions are as follows: it undertakes a lot of work in education and training, scientific research, food inspection, industrial planning, legal consultation, international cooperation, commercial insurance, market development and so on. And provide various services for enterprises to make them develop well.

These functions of social intermediate layer are different from those of social security provided by the government. The biggest difference is mainly reflected in its spontaneity. The social middle layer will spontaneously organize social activities and safeguard the legitimate rights and interests of relevant personnel. It is a kind of folk spontaneous organization or social group. However, the welfare it guarantees is not as wide as the scope of government social security.

(2) Social security function. Social security means that the state actively mobilizes resources from all sectors of society through legislation to ensure the survival of citizens with no income, low income and suffering from various sudden disasters, and to ensure that the basic livelihood of workers in old age, unemployment, illness, work injury and childbirth will not be affected. At the same time, according to economic and social development, gradually improve the level of public welfare and improve people's quality of life. The objects of social security provided by social intermediate layer mainly include: Red Cross Society, charitable organizations, etc.

2, independent of the market function

(1) Supervision function on the market. The social intermediate layer can review the qualifications of the transaction counterpart, the rationality and legitimacy of the transaction object, the price and authenticity of the transaction during the transaction.

(2) Self-discipline function. Compared with the government and market subjects, the social intermediate layer has an independent legal status and the ability of self-management and self-restraint. It can bind internal members by issuing internal articles of association, and this self-discipline behavior is not interfered by any other members. However, this kind of self-discipline must be within the scope prescribed by law, and violations of the law are not recognized by law.

3. The unique function of regulating the relationship between the government and the market.

(1) Communication and coordination function. The most prominent feature of the social middle layer lies in its coordination. The government and the market are two completely different social subjects. The rapid expansion of one party will harm the rights and interests of the other, and the intervention of the social middle layer is needed to balance the interests between them. The concrete manifestations are as follows: the middle-level social subjects convey the policies and laws formulated or promulgated by the government to the social subjects, so that they can better implement the national policies or legal intentions, standardize their own behaviors and promote economic development; At the same time, the main body of the social middle layer should also reflect the large amount of market information it has to the government, so that it can formulate economic policies that are more in line with market laws and needs. In addition, the role of the social intermediate layer is also reflected in regulating the contradictions and conflicts between market entities.

(2) Protection and recovery functions. Another important function of the social intermediate layer is to protect the interests of individuals, especially the interests of vulnerable groups, and restore their violated rights. The social middle layer can use its relatively favorable position and professional knowledge level to help more vulnerable people with superior resources.

(3) Preventive function. In order to prevent market failure, the state needs to effectively intervene in all aspects of market economy operation, but too much government intervention will hinder the enthusiasm and effectiveness of market development. Therefore, the middle class of society must ensure the appropriateness and effectiveness of state intervention and prevent the evil consequences caused by excessive intervention.

(4) Complement and improve the function. For areas where the state and the market are difficult to adjust, the social middle layer should actively clarify its own tasks and make the greatest contribution to the development of China's socialist market economy and the improvement of the socialist economic system.

Four. conclusion

As the subject of economic law, the social intermediate layer is the inevitable trend of social development. As a new force, the social middle layer contains great energy. While studying its specific content and operating mechanism, we should also pay attention to its important position in jurisprudence and discipline, so as to get more attention. We should play its positive role through more channels, reduce its negative role and contribute to the economic development of society.

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