Review And Reconstruction Of The Theory Of The Economic Law Responsibility

The theoretical research of economic law responsibility is an indispensable part of economic law science. The theoretical research had already made certain result in three respects: analysis in logic starting point, the theory frame and real example. However, the defect exists either. As the logic starting point for example, The researches in the past " legal duty theory" and" social public theory"; In respect to the analyzing frame, mainly adopt " legal relational theory" and" relatively analyze theory"; As for the function of theory analyze, mainly embody as" law system style theory" and "social interest theory". We should draw lessons from these mentioned theories, and in the other hand, deeply review the deficiency.The logic starting point of the responsibility of economic law should be "social competition interests". Because of the constant enlargement and deepening of the market competition, economic increment interests be produced constantly, pushed forward the advance of society. The spontaneous competition is apt to produce "competition insufficiently" and "excessive competition", "market insufficiently" lead to decrease of the social interest. For reduce this kind of behavior, the government intervened generally. But the government behavior could be cause" the government insufficiently ", will cause the impairments of social competition interests either. For compensating what mentioned above, there is necessary implement the legal liabilities of illegal activities, so we should regard social competition interests as the starting point of economic law responsibility, Regard the compensation of social competition interests as the foundation of economic law responsibility, and forming the foundation stone of theoretical research of responsibility.The independent character is a preliminary question of economiclaw responsibility. The independent character of adjust target and legal norm is logic starting points of the responsibility, the independent character of the basic principles of the economic law determines the independent character of the value of the economic law responsibility, what remedied the defect of can not do without the economic lawsuit and independent character of economic law responsibility, the innovations of responsibility form support the independent characters of responsibility. While adhere to independent charactering, economic law responsibility and other legal liability adjustment and supplement, coordinate and cooperate each other in realizing in laws.The problem of economic law responsibility theory is mainly about the frame of the responsibility style and the frame of the way to realize responsibility. The research of the concrete form of responsibility should begin with research of the economic law subject, that is, the frame of" the subject - behavior - responsibility". As for the way to realize responsibility, should starting with" both " this" dual attribute", distinguished the way of new-type and the way that existing, Under the guidance of " the cost - benefit", set up a kind of dynamic, opening analysis frame , Studying the concrete way of concrete responsibility form. The research of economic law responsibility, should regard" social competition interests" as the logic starting point , regard" compensation of social competition interests" as the foundation of responsibility, regards " the subject - behavior - responsibility" as the theory frame, regards " the cost - benefit" as the theory frame of economic law responsibility. This thesis is regarded "improper responsibility of macro adjustments and controls" and "responsibility of environment pollution" as the concrete cases, studying the concept, responsibility foundation, concrete responsibility form the way to realize responsibility that four special topics respectively.The theoretical research and the designed of public lawsuit system are also the important part of the responsibility theoretical research. As the theory regards: first, the theory should progressively moves towards the...