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Studies On The Legal Problem Of The Systematic Reform Of Economy Interests Distribution

Posted on:2009-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:H M SuiFull Text:PDF
GTID:2166360245495082Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The system of interests distribution is an important system related to the public's vital interests. It is a time facing up with the economic structural reform , the social mechanism changing , the multivariate bodies with different interests and the complicated interests problems, and we ought to challenge the new problem actively under the new background, clear up the blurred thoughts and provide the making and developing of harmonious society with the theory basis. "Give priority to efficiency with due consideration to fairness " had played the active role under the specific historical conditions and given rise to the large increasing of Chinese economic output and the growth of Chinese economic index with development of market economy and our country economic outputs and the social contradictions bulging .However ,at the same time ,the society gap in wealth is day by day obvious , the position of fairness is also questioned more and more. So it is necessary to review the idea of fairness under the circumstance with great achievements in economic growth today.The author, aiming at discussing the unreasonable factors appearing in the present interests distribution process in our country and putting into practice by learning foreign economy and society research and practices for reference and using the theory of Marxism and socialism with Chinese characteristics, and penetrating into the damages from grasping the phenomenon, brings about the basic principles of interests distribution centering on fairness, which handle the relation between fairness and efficiency , improve the system of interests distribution by using tax policy, finance and monetary means, and social security means so as to build and better the interests mechanism of expressing and growing , balancing, regulating ,compensating and so on, arouses everyone's initiative , enthusiasm and creativeness , stimulates people to create more public wealth or spirit wealth and make a base for the society's harmony to promote the realization of the harmonious society. The interests' adjustment is a real and urgent problem facing the law. It is necessary to build a set of organic system to treat the numerous and complicated interests relationship, but the system building-up and upkeep need to depend on the law promulgation and following, so the legal system is very significant to the controlling of the whole society interests conflicts which now can be achieved by distributing ,guarantying ,consulting and remedy of interests in our country. Legislation is able to assign interests rationally and control the conflicts, ensure the legal status of the subject, adapt to the new trend that society changes unceasingly, manifest the subjects' legal liability, build the interests consulting and expressing mechanism. The law is the symbol of the impartial and just, embodying the "common will ",and the complete legislation must reflect the people's will and benefit, and be a premise of the interests distribution mechanism. Law is also the result of the interests contradiction, and modern law is the outcome of the interests conflicts, which imply both the cooperation of different subjects and dividing , confronting. By means of the complete legislation, the building of the safeguarding mechanism of enforcing the law can come true the equal protection, the reasonable processing protection , the judicial independence protection and the right relieve protection to the interest subjects as to make all the subjects equal before law, resolve the interests conflicts through legal processing and treat all the different interests relations well. Our country's laws have a significant role in the changing period, so the law society control function must be taken seriously when the non-legal means is becoming weakened.
Keywords/Search Tags:Economy interests, Distribute, System, Reform
PDF Full Text Request
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