1, Practical Economic Law Course (China Financial and Economic Press) 200 1
2. Handbook of People's Republic of China (PRC) Tax Collection and Management Law (China Price Publishing House) 200 1 etc.
Second, Li Changlin? Professor of Southwest University of Political Science and Law? Famous economic jurist. The main work includes:
1, Economic Law (China University of Political Science and Law Press)? 2007
2. Consumer Protection Law (Law Press)? 2005, etc.
3. Ning Lizhi, deputy director of the Institute of Economic Law of Wuhan University, deputy director of the Advanced Research Center of Intellectual Property of Wuhan University, director of the Institute of Intellectual Property Law of Wuhan University, one of the founders of the doctoral program of economic law of Wuhan University, and the leader of intellectual property and competition law. The main work includes:
1, Anti-monopoly Law Analysis of Non-controversial Clauses, Law Research, No.6, 2007.
2. Anti-monopoly regulation of patent pool from the perspective of American Law, Global Law Review, No.4, 2006.
Economic law is a legal department that comprehensively, systematically, comprehensively and comprehensively adjusts the socialist commodity economic relations. At this stage, we mainly adjust the economic management relations and a certain range of commercial coordination relations in the process of social production and reproduction, with various organizations as the basic subjects. We should grasp this concept from the following three points:
(1) Economic law is the general name of economic and legal norms.
(2) Economic law is the general name of legal norms regulating economic relations.
(3) Economic law regulates a certain range of economic relations.
Economic law is the general name of legal norms regulating social relations in the process of national macroeconomic management. We can't simply think that economic law is a law to adjust economic relations. Civil and commercial laws also adjust economic relations.
Economic law originated in capitalist countries. The concept of economic law of capitalist scientists is mainly found in academic documents of civil law countries such as Germany and Japan. Although there are legal norms belonging to economic law in common law countries, they do not pay attention to the distinction between legal departments, nor do they have the concept of civil law, let alone economic law. Therefore, it is necessary to explain the interpretation of economic law in civil law countries, especially in German and Japanese academic circles.
A. think that economic law is the general name of laws related to economy. For example, Asterhouse in Germany thinks that economic law is the law about economy. German nussbaum thinks that economic law is a synthesis of legal norms aimed at directly affecting the national economy. Japanese scholar Mino Dage also holds this view. This theory is a tentative definition of the concept of economic law by scholars in the early days of its emergence, and no one agrees with it now.
B thinks that economic law is a law to regulate the market, with anti-monopoly law and anti-unfair competition law as the central content. Zhao Xin, a Japanese Danzong, believes that "the core of modern economic law is monopoly prohibition law" and "it is the law that the state regulates market dominance"; Japanese scholar Masada Bin also believes that economic law is an inherent monopoly-centered economic subordination law to adjust monopoly capitalism. The viewpoint of economic law is to correct the obvious unequal relationship between monopoly subject and non-monopoly subject.
C. It is considered that economic law is economic public law, and some scholars believe that this is the mainstream theory in German economic law circles. This view holds that the division between public law and private law in Roman law should be adhered to, and the national public service law should be stipulated as public law; The law governing personal interests is private law. Economic law is a law that the state exerts direct influence on the economy, and it is an official measure to organize and manage the economy. There is a narrow view that economic law is equivalent to economic criminal law, because most of the provisions of economic law contain criminal responsibility. This view was abandoned with the development of economic law.
D. think that economic law is social law. Different from the theory of economic public law, although this theory is based on the division of public law and private law, it believes that there is an independent third field besides public law and private law, that is, social law. Many scholars in China agree with this theory.
E. think that economic law is enterprise law. Kaskell and Kula Yujie in Germany and Hiroichi Nishihara in Japan advocate grasping the definition of economic law with enterprises as the center, and think that economic law is a law about enterprises, and the concept of enterprises constitutes the starting point of economic legislation. Some French scholars believe that economic law is an extension of traditional commercial law, and people use the concept of economic law to replace traditional commercial law. This can also be attributed to the category of "enterprise law theory".