A Generally Theoretical Study On Market Withdrawing Right

The market is bidirectional exoteric, either access or withdrawing; If only the market were constantly dynamically adjusted, it would have been keeping vigorous forever. The market subject began set up and accessed to the market, and then competed through market transaction, eventually withdrew from the market due to varied reasons. The market subject looked as if natural person experienced the natural process which was from birth to death. The market subject not only owned the market access right, but also possessed the market withdrawing right. With the china's market economy established and constantly perfected, the industrialized process accelerating, the china's economy has been converting expanding in quantity into upgrading in quality, the market subject whether possesses integral market withdrawing right and can freely exercise it or not, which is one of signs of the full-fledged market economy. The market economy seeming a ecosystem, a perfect market withdrawing right system can maintain the market subject's normal metabolism and realize the dynamic balance of the market economy. Considering the economic law school has not yet universally and fundamentally researched the theory of the market withdrawing right, resulting in that the market rule of law is not a integral system, which not only arouses the law hoop hole and the law conflict in the construction of market legal system, but also theory research and law practice incompetently respond to the earthy socio-economic problem. This paper is planed on the universal and fundamental analysis of the market withdrawing right, properly responding to the problem which the market subject confronts in the practice of exercising the market withdrawing right.The paper includes introduction to this article and other four parts.The introduction mainly described the significance of this topic and researched methods, including theoretical and practical significance. When addressing the theoretical significance of this topic, author also cleaned up and briefly criticized the situation of the theory of market withdrawing right researched. In the introduction, author relatively particularly described the researched methods selected by this paper, mainly including to the following concrete researched approaches: game analysis, policy analysis, right-obligation analysis, costs-benefits analysis, history analysis, system analysis approach and so on.The first part is the law definition of the market withdrawing right. First, from the perspective of the constituent of right, author analyzed the connotation of the market withdrawing right.。And then according to different classified criteria, author briefly classified the market withdrawing rights. Last, author mainly justified the market withdrawing right, namely, its foundation of making a point.The second part systematically expounded the limit which the market subject undertook in the process of exercising market withdrawing right, and the principles which the public power observed in limiting the market withdrawing right. First, author expounded that the market subject undertook the internal restriction in the process of exercising market withdrawing right. And then, author particularly expounded external restriction to the market withdrawing right on the ground of the common good. Finally, author ulterior expounded that the public power should observe fundamental principles while it limited the market withdrawing right.The third part is the presentation that there is several market withdrawing right systems in living legal system. Mainly including the market subject's unrestricted market withdrawing right system, the market subject's administrative licensing market withdrawing right system, the market subject's administrative enforcement market withdrawing right system, the market subject's judicial dissolution market withdrawing right system and the special market subject's market withdrawing right system.The fourth part is that author concisely criticized the China's market withdrawing right system in transitional period and bought the advice which remedied the market withdrawing right system. First, author concisely criticized the china's market withdrawing right system in transitional period. And then, author considered what the perfect market withdrawing right system should achieve objects, including direct and indirect object. Finally, author suggested which we should observe routes to perfect market withdrawing right system.