Economic law essay 1000 words-1500 words is urgently needed. thank you
On the independent status of economic law, the status of economic law is actually a question of whether economic law is a legal department. To solve this problem, we must clarify the concept of economic law, prove its independence, and distinguish relevant departmental laws on the basis of theory and reality. As a theoretical thinking, we should first define economic law, which is also the primary task of economic law researchers. The predecessors have done a lot of work here. Generally speaking, the definition of economic law can be divided into two types: one is to recognize economic law as a legal department and then define it on this basis; Second, it does not recognize the independent status of economic law, and thinks that economic law is a synthesis of disciplines or norms. The general view of denying economic law is that "economic law has no unified adjustment object and method, so neither a single economic regulation nor the sum of these regulations can constitute an independent legal department" (1). On the other hand, the affirmative school thinks that economic law has independent adjustment objects and methods, and insists on the status of economic law as an independent legal department (2). Looking at the views of both sides, the biggest difference lies in whether the economic law is different from the adjustment objects and methods of other departmental laws, which is also the division standard of traditional departmental laws. In order to prove the independent status of economic law, some scholars have questioned the traditional division standard of departmental law, and think that the division of legal departments is not the case. Now this traditional theory has to be completely changed (3). Of course, there are also "theory of jurisdiction" and "theory of legal system". The author believes that it is not necessary for us to arbitrarily deny what we have and are recognized by everyone in order to establish a set of theories, and it is not a realistic research attitude to deny this. There is a saying in the Tang Dynasty: "The apes on both sides of the strait can't stop crying, and the canoe has passed Chung Shan Man." This poem is used to illustrate the perfect development of economic law. The independent status of economic law should be affirmed. How to interpret economic law? First, we have to talk about the law. Law is the general name of legal norms to adjust certain social relations, so economic law also exists to adjust certain social relations. Understanding this, it is not difficult to define economic law. The theory of "vertical and horizontal unification" transformed from the Soviet Union once occupied a considerable position in academic circles. The theory holds that economic law regulates the vertical economic management relationship and the horizontal economic cooperation relationship (4). This view tries to make the adjustment object of economic law more obvious, but inadvertently makes a fatal mistake, that is, the economic cooperation relationship is more the relationship between equal civil subjects, which should not belong to the adjustment scope of economic law, but to the adjustment scope of civil law. Economic law mainly starts with public power and adjusts the part of public-private combination, that is, the cross relationship between public and private. Nowadays, especially in a developing economic and democratic society like China, public power should stop somewhere, and private rights should not be too involved. Therefore, economic law should be defined as the general name of legal norms for adjusting, managing and coordinating the national economy. This concept can be analyzed and understood from the following aspects: First, economic law adjusts the vertical economic management coordination relationship, which is different from the relationship between equal civil subjects. Secondly, the main body of adjustment is the relevant economic organs of the state, that is, to get rid of the blind intervention of the administrative organs in the economy and determine some organs to carry out economic management and coordination. Although economic law is based on a certain strength, strength is not a direct means of adjustment, but a solid backing for economic management coordination. Second, the independence of economic law The status of economic law boils down to whether economic law is a legal department. In fact, it is of great significance to further study the independence of economic law. Since the last century, the independence of economic law has been the focus of debate in the legal field. It can be said that economic law is a departmental law. The concept of economic law has been analyzed before, and the independence of economic law is studied below. To judge whether economic law is a departmental law, we must establish a clear division standard of departmental law, rather than calling it departmental law regardless of reality. The division of departmental law includes object theory, object plus methodology, methodology and teleology. Most people think that the object and method of special adjustment is the standard of division. But the method is secondary to the object, and the only adjustment object is the key. Any legal department has its adjustment object, which is the fundamental symbol of the division of departments, and it refers to the specific social relations adjusted by the legal department (5). Although some people have questioned this traditional division method, he still has to admit that the basic definition of economic law should be based on the object of adjustment and its fundamental characteristics, otherwise economic law will become a tree without roots, which is tantamount to castles in the air, and its scientific nature is questionable (6). In the previous definition, it has been explained that the adjustment object of economic law is the management and coordination relationship between the state and the economy. On the one hand, the main body of this relationship is the state economic organs, on the other hand, it is the main body of market operation, from companies and enterprise groups to "households" (7). Objectively speaking, the object of economic law adjustment is a kind of social relationship, specifically, there are macro-control law (or macro-economic law), market regulation law, economic organization law and so on. Macro-control law mainly includes fiscal revenue, market regulation law mainly includes unfair competition law, anti-monopoly law and product quality law, and economic organization law mainly includes company enterprise law. The object of adjustment basically determines the independence and particularity of economic law. In the process of economic management and coordination, adjustment means including civil and administrative aspects will be used, which will not affect the independent status of economic law. The reality is so complicated that the country has to make adjustments through various means. In addition, the economic law is not without its own adjustment means and methods, such as the punishment of "economic misconduct". Therefore, in theory, economic law has a clear adjustment object, supplemented by certain adjustment methods, so it has independence as a legal department and should become an independent legal department. Fourth, the relationship between economic law and relevant departmental laws If we want to further clarify the status of its departmental law, we must compare it with the neighboring departmental laws. It is difficult to say that economic law is an independent legal department without distinction. Economic law involves public and private rights. On the one hand, it is inextricably linked with civil law. On the other hand, its main body is the administrative organ, which is closely related to the administration. Therefore, accurately distinguishing economic law from civil law and administrative law can explain that economic law is an independent legal department. Comparatively speaking, there is no need to compare other departmental laws. Limited by space, this paper does not intend to compare with departmental laws other than civil law and administrative law. Compared with civil law, the subject of the relationship between the two sides is obviously different. Civil law regulates the property relationship and personal relationship between equal subjects, while economic law regulates the economic management coordination relationship between unequal subjects, which has nothing to do with personal relationship. A clear distinction between economic law and civil law is to let public rights not interfere with private rights and let market economy play its greatest role according to the law of value. Economic law and civil law are not antagonistic. Economic law is an important supplement to civil law. It can be said that civil law is the foundation of economic law and economic law is the guarantee of civil law. As we all know, the narrow civil law does not include commercial law, which is a special civil law that appeared later. Although there is a difference between the separation of civil and commercial affairs and the integration of civil and commercial affairs, there is no objection that the commercial law belongs to the broad civil law. Its basic value concept is the same as that of civil law, and the object of adjustment is still the relationship between equal civil subjects. Without this, commercial law is not civil law. It is generally believed that commercial law includes company law, insurance law and maritime law. But these are also included in the scope of economic law. How to distinguish between commercial law and economic law? In order to solve this problem, some scholars have studied the source of commercial law, and think that commercial law is not a very standardized name, that is, there is no commercial law. It is suggested that the part that adjusts the equal subject should be included in the civil law and the rest should be included in the economic law (8). The author thinks this is completely unnecessary. The existing formulation of civil and commercial law is * * * knowledge, so the relevant laws belonging to commercial law can be regulated by economic law, but the research angles of the two sides are different. Commercial law can be stipulated and studied from the aspects of subject qualification and power autonomy, while economic law can be stipulated and studied from the aspects of economic organization and competition norms. Commercial law and economic law are not contradictory, they complement each other, and the key to the difference lies in the different subjects of adjustment. Compared with administrative law, they are similar in subject. Administrative organs have administrative and economic functions, that is to say, the state is the ruler on the one hand, the manager and organizer of business activities on the other hand, and in some cases, the participant of business activities. Its administrative function is regulated by administrative law, and its economic function is regulated by economic law. Traditional administrative law is complicated, which is not conducive to improving the efficiency of administrative organs and standardizing administrative behavior. Some things in the original administrative field should be separated and merged into the new legal department, such as economic law, and some immature laws and regulations that have not formed a legal system remain in the administrative law, and finally the rest will be adjusted by the administrative law. Therefore, administrative law should stipulate the organization and authority of administrative organs, and stipulate the administrative remedies when citizens are infringed by administrative organs (9). Therefore, we can distinguish economic law from administrative law from the following three aspects: first, from the perspective of adjustment objects, administrative law only adjusts administrative relations that occur in administrative activities, such as public security management relations and personnel administrative relations. And economic law adjusts the management coordination relationship in economic activities, including industrial policy management relationship and industrial and commercial management relationship. Thirdly, from the perspective of adjustment methods, the scope of economic law is broader, involving not only civil law and administrative law, but also its unique methods, and economic law is more indirect in macro-control. Finally, the norms of economic law are more professional and complex.