Probe into the basic theory of market regulation law
|Keywords||Market Regulation Law Theoretical Research Administrative Procedure Act Economic relations Equal subjects Administrative supervision Legal department Substantive law Administrative proceedings Integration of public and private law|
Market regulation law emerged when market economy developed to a certain stage, which was often described as a highly socialized period. There are two objective bases of market regulation law emergence, one is the market failure under a highly socialized condition; the other is the government failure. The standard of dividing law branches is multi-lateral, so when we try to define a certain branch of law, we need to take many elements into consideration, which mainly include substantial law, procedural law and objects, methods, principles and aims of the regulation, etc. From this perspective, we can define "market regulation law" as the title of legal regulations which adjusts the inner management relationship of the equal subjects and economic relationship between equal subjects and the pure public economic relationship with direct social characteristics using civil, administrative and criminal methods comprehensively, basing itself on the social interest.It is a combination of substantial law and concrete administrative procedure law. Civil and commercial law are basic law of the market economy, and market regulation law are to regulate the market further, which represents in the scopes such as: from reconstruction of commercial subjects to cntract relationship,surpassing tort law, comprehensive protection to civil rights, legal adjustment of pure public economic relationship. On the basis of this, the market regulation law mainly includes security law, commercial bank law, insurance business law, anti-trust law, anti unfair competition law, consumer protection law, product quality law and advertisement law etc. The administration and the administrative procedure are the procedural construction in the enforcement of law. The administration law is a common law in the administrative procedure and the concrete administrative procedure law are dispersed in the civil and commercial law, intellectual property law, environment protection law, labor law, economic law and other branches of law. The market regulation law, one part of economic law, is mainly consisted of public law and with the characteristics of being combined with public and private laws. The remedies for the private right protection are brought into effect by civil procedure law and the contents of the criminal punishment, besides the independent legislation, is regulated in criminal code and implemented by criminal procedure law. The basic ways of implementing market regulation law are by administration and administrative procedure. The market regulation law is a combination of substantial law and concrete administrative procedure law. The relationship between the concrete administrative procedure law in the market regulation law and administration law is of specific to general.