The Research On Economic Legal Act

The theory of juristic act originates from German civil law, which has influence to administrative law and jurisprudence. Civil juristic act is one which aims to bring private law effect as a declaration of the intent; while understanding it by a narrow way, administrative act is carried out by administrative subject which can bring legal effect, based on its administrative authority. Between the two concepts, the former focuses on the declaration of the intent while legal effect of the latter. Actually speaking, juristic act in jurisprudence is a broad understanding which can be called legal act. Legal act is one which is set and regulated by law, while the act could have legal significance. Using juristic act as a legal technology device, distinctive commensurate elements can be purified during every department of law.Under the academic knowledge background of cross subjects such as law, sociology, and economy, economic legal act can find its theoretical space. Combined with the theory of legal act has been demonstrated in preamble paper, economic legal act is one which is regulated by economic law and have legal significance. It happens in the area of market economy, with the motivation of intervening economy, method of coordinating intervention, kernel of social public interest, which is a kind of dynamic polymerization behavior of efficiency. Analyzing from the definition, economic legal act has the general characteristics of legal act and special characteristic which is called modernity.Based on the classification view of expressive act, with the criterion of combination of subjective and objective aspects, economic legal act can be divided into three categories:economic juristic act, economic factual act, quasi-economic legal act. In addition, combined with the view of subject of economic legal act, the author constructs a open system of economic legal act.While the situation is that:the financial crisis which broke out in 2008 has not dispersed completely, China is on the way of dramatic social transformation, domestic reform is advancing to the depth, and the practice of Chinese economic legal act has inadequacies. The macro aim of the amendment of Chinese economic legal act is economic constitutional ism, the urgent method is perfecting relevant institutions of economic law, the amendment of country's intervention act should aims to deregulation, the social public organization's fusion act to fight for independent, the market's reacting act to hunt for effective participation.