Study On The Economic Law Liability From The Perspective Of National Adjustment Theory

Socialist market economy is the economy under rule of law, and adjusting economy under the rule of economic law is logical result of the rule of law. State regulating and market regulating under the rule of law become the inevitable requirements with the development of modern market economy. "State regulation theory" (also known as the "three-three theory") clearly shows the (interest or) obligations of legal relationship between adjustment authority, inner parties of adjustment authority and parties under adjustment, providing a solid logical basis upon the study of economic law responsibility. In the case that there is law to obey, legal obligations failing to be fulfilled means the legal responsibility comes up. Administrative power under the rule of law means the consequences of the abuse of power is the legal accountability. Absence of responsibility of economic law would make economic law lose the ability to cope with economic crisis, and improving economic law responsibility regulations would probably improve the systematic competition of economic law.Economic law responsibility means during the process of national economy adjustment, the negative legal judgment arising from the unfulfilled obligations of the main bodies of state economic adjustment relationship. Market regulation, state investment, and macro-control of different types of economy have different responsibilities. Economic law responsibility is significantly different from civil liability and criminal liability, besides it has adjustment character, not managing character compared with administrative law liability in respect of fulfilling the national functions.Through statistical analysis about the clauses of economic law scattered in 289 legislations, the article reveals the different characteristics about economic liabilities regulations between three categories of economic laws, proving a summary on the unique forms of economic law responsibilities, seeking its formation characteristics, concluding the economic law parties'dual character of adjustment authorities and subjects under adjustment, building up an imputation system which is based firstly on strict liability, secondly on fault liability, and presumption of fault as supplement, proving the independence of economic law liability with the indisputable legislative facts.Responsibility of national economic law is a component of state responsibility system, and it must be established including people accountability, national authority accountability, administrative accountability, must be executed strictly in accordance with the Constitution law, economic law, and state compensation law concerning central and local state organs. The absence of accountability mechanism means the absence of liability. Facing the present status and defects, and especially the difficulties of the accountability of economic law responsibility, the people's congress system should be given full play in its existing advantages in market regulation, state investment, and macro-control abilities, and establish practical economic law accountability mechanisms which based on people accountability, supplemented by administrative investigation, judicial proceedings and other matching methods concerning legislative, executive and judicial organs.