Normative Analysis On Responsibility Clause In Economic Law

Economic law is playing a more and more important role in the economic life no matter it is a part of the civil law system or common law system, or no matter it functions as departmental law or separate law. The responsibility in economic law has always been the focus of the study of economic law theories. There have been many explorations on the responsibility in economic law in the academic field. Yet most thesis and books paid their attention to its independence and the pursue of its value. This thesis, on the contrary, chose the methodology of experimental and practical study, analyzing the responsibility clause tabulation from normative perspective. This thesis studied the subject, action, and the feature of responsibility in the tabulation and conducted a case study based on two typical economic law responsibility formats.This thesis conducts a normative analysis on responsibility clause in economic law, including contents of:main research methods in domestic and international economic law study; the distinctive methodology and value of this analysis; value analysis of responsibility clause; and case study of typical form of liability. In this thesis, the methodology and research value comes from the normative analysis in both domestic and international mainstream economic law research methods. The summary on the form of responsibility clause in the economic law text in the thesis on the one hand helped the author to summarize the characteristics of the responsibility clause, on the other hand, laid the foundation for the normative analysis of the thesis.The author believes that more should be done in the setting and reorganization system of economic law liability—on one hand the lack of constitutional and administrative liability, and corporational and social liability should be compensated, on the other hand public investigation system should be set to improve the litigation system in economic law. The lack of constitutional and administrative liability is a flaw in the responsibility setting of current economic law. Constitutional responsibility can effectively limit the abuse of government power and control the abuse of power. When civil society basis and corporate self-regulation are missed, corporatation’s social responsibility setting allows companies to return to society, in essence, not only to promote social progress but also can help the enterprise flourish. This author believes it is not easy to innovate an exclusive economic law, independent and feasible mechanisms of responsibility for the implementation of the present situation, therefore, on the basis of the implementation mechanism of the existing comprehensive liability, to create a public accountability mechanism, and then improve the action mechanism of the economic law responsibility, will achieve good results.By the analysis of the two typical responsibility—punitive damages and recall, the thesis clarified their public interest direction and social damage, and also points out the systemic obstacles people would meet when they wanted to resort to economic laws. Moreover, the judicial guarantee system should also be build to avoid cases like "The ASUS frame-up scandal" and "The Hewlett-Packard quality scandal" to happen again.