The Study Of The Legal System Of Social Achievements Fair Share

Reasonable income distribution system is an important manifestation of social equity and justice. We should not only make this "cake" of the social wealth bigger through economic development, but also have a reasonable income distribution system to shake the "cake" .A fair distribution system is the key to slice up the "cake".By establishing and improving the distribution of the mandatory legal system through the initial distribution and re- distribution to go for social outcomes shared. This logic was first described by the social distribution of status quo, calling a fair distribution of social background, leads to the concept of fair share of social outcomes. For sustained economic growth, the distribution of justice and social harmony social outcome should be a fair share. However, the role of the market alone can not fix with unfair distribution, which leads to state intervention. State intervention is prescription for market failure and reflects the importance and legitimacy of state intervention. This article explains the meaning of state intervention and the reasons for state intervention from the perspective of the legal value. From the perspective of market failure, economic law is the key of market failure in the unfair distribution of social which is one of market failure. For the lack of intervention in distribution relations Constitution, Civil Law and Administrative have its own disadvantages, but economic law in distribution has the unique role of intervention in relation to interpretation. Although economic law in the intervention of social distribution has advantages, it can not rely too much on the economic law .Then economic law has the scope and limitations. We should emphasis on the role of market and civil law in the initial distribution and on the fundamental values of the market in social allocation. Then we discussed operational mechanisms and supporting systems of economic law in intervention of social distribution. Operating mechanism is the subject of social distribution of power between different configurations and system support is the cause or the legitimacy of the right distribution. For instance, the national distribution of power is from functions of the State, the right of business is from independent market players and personal distribution power is from the human development and needs. Finally, by establishing and perfecting the mandatory legal system in process of the initial distribution and redistribution, we achieve a fair share of social outcomes. Particularly, we should emphasis on the importance of the state intervention distribution in the process of initial distribution. But we should take care of prudent and lawful on state intervention in the process of initial distribution which is due to the limited rationality and government failure. Of course, after the two times of countries forced intervention, we are not necessarily to the full realization of the social distribution of equity, but also other means to supplement or even third time to adjust.By the study of law value, this article reveals the relationship of productivity and equal. In primary distribution, we should give full play the role of the market mechanism to realize the efficiency value. In redistribution stage, by the state intervention, we realize the equal law value. In general, primary distribution should be adjusted by civil law, and it should be full play the role of social market economy to realize total wealth increases, and efficiency. But in today's era of increasing gap of wealth, I think that only on the role of the market itself, not only harms the law of equal value, and efficiency of the value of the same difficult to achieve. In fact, The unfairness is a market failure, Economic law as a good way of market failure should be able to function. Through the country for the first allocation and redistribution, we realize distributive justice.