On Public Essence Of Economic Law

The concept of national initiative function and both legal and social life interaction function running through the Economic Law theory makes up of the impact for traditional monocracy's requirement of certainty autonomy and obturation thoroughly, which reflects the rebellion to the hypostasis theory of traditional nomocracy. There's only one way we could re-cognize what is the essence of Economic Law, which is by right of grasping the social economic relationship produced by the Economic Law, and then we can complete the logical reasoning of the Economic Law system."Citizen Society"itself has a"public field"that civil law and commercial law both cannot regulate. So, with the development of science and technology and also the high socialization of production, contradiction between personal behavior and the public has become unprecedentedly sharpening. Under this circumstance, the new legal system-economic law comes into being.The Economic Law exceeds the dualistic framework of nation-to-market.It treats the public economic relationship which is combined organically by public region in the market and national (governmental) economic behavior as the adjustment object. The internal mechanism of public economic relationship determines the Economic Law's essence.The public performances are in the form of publicity, actuality and intercommunity. The mutualiy is the essence of public's existence. The public stands for an equal synthesis which is produced on the basis of difference of the individuals via making social contracts. The procurement of contract is a political process. The synthesizing process of the individuals which constitutes the public is an intercourse, a communication, a debate and an announcement in abstract meaning. It's an individuals fighting course. The result of synthesizing brings out public power and makes it work. Freedom, equality and justice are the meanings of public and the public benefits are the value directions of public.Economic law has transcended not only the isolate self in citizen society but also the strict dividing line in political country, instead, it regards organic integration of the"public"economic field in the market and country's intervention behavior in the"public"economic as its adjustment target. It determines the"public essence"of economic law ------ to make public become the foundation by this adjustment target's public nature and economic law's compatibility of private law and public law together. The"public essence"of economic law aims to overcome the market defects and"intervening country", ensure market mechanism works. It contains the inherent basic contradiction of economic law, reveals the deep essence of economic law, especially with its inherent explanation strength and strength of deducing to finish the whole set of logic of its law of produce and development, value and regular system arrangement.Due to special approach to the creation of Chinese economic law, the construction of Chinese economic law system needs to reasonably determine the orientation of social subject in the public, to be released from the negative effect imposed by the governmental centralism under the planned economy, and to change the thought paradigm deeming the relationship between state and the market as that between subject and object and the control thought of single orientation, so as to reasonably understand the substance of economic law in the constitutionalism, cooperation and procedure mechanisms.