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Study On The Legal Interests Of Economic Law

Posted on:2017-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:X J MaFull Text:PDF
GTID:2296330503962306Subject:Law
Abstract/Summary:PDF Full Text Request
The legal interests are import in our country.Domestic related research results mainly concentrate on the traditional legal departments,such as Civil law and Criminal law.It rarely exists in the emerging department like Economic law.Different departments should have their own legal interests in theory.The core concept of the legal interests are interests and the law’s fundamental fuction is to equilibrate all kinds of interests.According to the traditional theory,Economic law’s legal interests are the interests that it should protect in short.But since the jurisprudential circle put forward that Economic law is society-centered law who is dominanted by the social interests,the theory fields emerge numerous disputes.It is difficult to recognize that protecting the social interests is the unique function of Economic law.Related to the expressions of the social interests not only exist in Economic law,but in Constitution,Civil law and Social law.And the social interests themselves have different ways of expressions,for exmple the public interests,the social overall interests,the social public interests and so on.Economic law has been disputed since have produced,and its public and private features make its own development imperfect.Combined with the chaotic expressions in the text of law,the development of theory system is more difficult in Economic law.For that reason,the problems that the view whether the legal interests of Economic law are to protect the social public interests,how to implement the similary expressions about the the social public interests and how to realize the legal interests are urgently needed to solve.The author uses comprehensive methods to analyze the status quo of the Economic law’s interests, in combination with theory and practice,finds that the background and the idea of the Economic law determine its interests are the social public interests.As for the status quo of the chaotic expressions in the text of law,the author suggests that it can be understood as a kind of value concept,not having to give a definition of pattern as long as understanding it.In addition,the author proposes to definitude the purpose of the Economic law’s rights protection and rights control from the functional perspective in the aspect of entity,and to take the protection of the citizens’ basic rights as one of the most important content of the social public interests as well;The author also proposes to improve the system of the economic public interest litigation to achieve the Economic law’s legal interests goal in the aspect of procedures.In sum,the author hopes that the systematic discussion about the Economic law’s legal interests can to answer the issues how to cognize and protect it,and can make a feeble contribution for improving the basic theory of the Economic law.
Keywords/Search Tags:Legal interests, Economic law, Legal interests of Economic law, Social public interests, Economic public interest litigatio
PDF Full Text Request
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