Economic Law Running Due Process Mechanism

Since economic law came into been, its theory and practice have been the overwhelming and all-embracing question in the science of law, and a lot of fruit have been achieved in study on it. While some scholars of economic law, from the angle of economics, philosophy political science, sociology and jurisprudence, and using their theory tools try to prove the independence of economic law, on the contrary some scholars of other law, such as civil law, commercial law, administrative law, criminal law, as well as all kinds of procedural laws, deny its independence. On the one hand, it reflects the rebel of economic law to the traditional rule of law mode, on the other hand, it shows the difficulty in the institutionalization of economic law. The main purpose of this thesis is to search for a way, by which we will set up a theory foundation and a systematic support for the "independence" or "particularity" of economic law. The basic standpoint of this thesis is that economic law is a new branch of law in which there are lots of transition and variance of theoretical paradigm in the science of law. The economic law is substantially characterized by a fact that the theoretical paradigm of "subject—object monism" surpasses the formal monocracy under the theoretical paradigm of "subject—object dualism". The substantiation of economic law will definitely result in many dissensions and conflicts of law in the respect of theory and practice, such as ones between certainty and change, closing and opening, universality and particularity, force and voluntariness. In short, the legitimacy and standardization of state intervention with law has been the two great theories and practical task in the current systematic construction of economic law. The basic approach to solve this related problem is to reflect on the traditional legal theory and its thinking pattern, to further explore the existing law resources and to reconstruct the system. By borrowing some related theoretical fruits of politics, sociology and jurisprudence, we believe that the legal pattern of procedural law will be the effective ways to tackle the rationalization and standardization in the operation of economic law. By constructing the legal system with the basis of procedural law, the substantial law's shortcoming of economic law will be remedied, the state intervention will be under the rule of law.This thesis is composed by three sections, which are preface, text and...