Smooth Economic Cyclical Fluctuations In The Development Of Constitutional Protection

Understanding the constitutional guarantee of economic cycle fluctuation isimportant to macroeconomic growing smoothly as well as the development of legaltheory in China. The state of macroscopic economic has been fluctuated markedlysince1949, which has significant negative effects on China economic development.On the other hand, with the development of socialism market economy, Chinesegovernment has come to recognize the importance of economic cycles, which offer achallenge to Chinese legal community how to set up a set of Constitution and the lawtheory suitable to Chinese socialism market economy guaranteeing steadydevelopment of Chinese economy in economic cycle.Research on economic cycles has been a hot area in the international economiccommunity in the past decades and there are many economic cycles theories andresearch approaches. Combined with the international academic research results,Domestic economic community had made some very good try and Put forward anumber of suggestions and methods on guaranteeing steady development of Chineseeconomy in economic cycle. However, as for how to guarantee the periodically steadyand fluctuant development of Chinese economy from legal layer, especially from thelayer of constitution, and minimize the influence of economic cycle fluctuation,domestic academic circles have made few studies on this field. For that, author of thispaper has conducted a comprehensive and systematic study on the constitutionalguarantee for cycle fluctuation of Chinese economy with internationally advanced andpopular research methods basic on existing studies in China, hoping to profoundlyreveal some common empirical rules of periodic fluctuation of economy and figureout the methods and measures to guarantee the periodically steady and fluctuantdevelopment of Chinese economy through constitution and related laws.This paper is composed by3chapters.In Chapter1, author summarized and reviewed main theories of cycle fluctuationof economy from the understanding about economic period, main roots of period fluctuation and implication of models of economic cycle fluctuation, namely thetheory of friedrich august von hayek about economic fluctuation and economic periodtheory of Keynes. Then, author started with the views of above theories and studiedthe overall characteristic of cycle fluctuation of Chinese economy, and pointed out thetarget of periodically steady and fluctuant development of economy—sustainabledevelopment. The concept of sustainable development directed by scientificdevelopment outlooks on development is just the general national developmentphilosophy and mode were brought forward and being implemented in the new stageof economic globalization. It conforms with the development mode of constitution.Further, author puts forward the implication of constitutional guarantee and legalframework of periodically steady and fluctuant development of economy.Chapter2includes the review and discussion on the status of periodically steadyfluctuation of Chinese economy after the reform and opening in past30years fromthe view of concrete constitution and related legal composition. The scope mainlyinvolves planning law of economic development,“Macro-Control Law”, and relationact of central and local economy, etc.From the view of measures of Chinese constitution and related laws to guaranteethe periodically steady fluctuation of economy, chapter3points out that the nationshould establish “Planning Law of Economic Development” to formularize theestablishment and implementation of various mid-long-term indicators in legal formatto achieve the periodically steady fluctuation of economy. The nation is required tomake timely adjustment to the actions which deviate from overall economic targetestablished by “Planning Law” through “Macro-Control Law”; further carry out anddevelop characteristic fiscal federalism to balance financial right and governmentauthority, and straighten out the relation of central and local economy, and therebyrestrict the short-sighted action of local government which deviates from strategictarget of national economy to pursue for short-term narrow interest.