Reflection On The Transmutation Of The Economic-Administrative Law Doctrine

In the end of 1970 s,Chinese scholars put forward the concept of "economicadministrative law" and its corresponding views on the basis of inheriting and absorbing the doctrine of economic administrative law from the former Soviet Union and Germany,arguing that economic law is economic administrative law and should be classified under the administrative law system,with the aim of denying the independent status of economic law.Since then,two "debates" between civil law and economic law,and between administrative law and economic law have been initiated.However,with the establishment of socialist market economy,especially the economic law was established as one of the seven legal departments constituting the socialist legal system with Chinese characteristics,which means that in practice the doctrine of economic and administrative law was not accepted by the legislature,and this controversy also ended in the academic discussion.With the passing of time,the economic-administrative law doctrine,which was formed in the context of planned economy,centralized administration and traditional jurisprudence,has no longer existed in reality,and economic law has made significant breakthroughs in theoretical research and system construction,and is playing an increasingly important role in practice.However,since the status of economic law as an independent legal department was established,the academic community has not thoroughly and comprehensively reflected on the doctrine of economic-administrative law,which has led some scholars to misinterpret the term "economic-administrative law" and believe that the legal norms regulating the role of administrative power in the economic field are economic-administrative law,once again confusing the relationship between economic law and administrative law.The relationship between economic law and administrative law is once again confused,and the research results of economic law are directly applied to treat it as "economic-administrative law" and put it in the administrative law system for research and discussion.As a result,the doctrine of economic-administrative law in China has been transmuted and packaged into such names as "regulatory jurisprudence" and "new administrative jurisprudence",but its essential connotation is still the original content of the doctrine of economicadministrative law.If "economic administrative law" and its "variants" are allowed to proliferate and even enter the theory and practice of administrative law and economic law,it will not only not help the innovative construction of administrative law theory,but also cause a conflict with the economic law theory which has reached a basic consensus again.This will not only be unhelpful to the innovative construction of administrative law theory,but also cause conflicts with the economic law theory which has reached a basic consensus,thus consuming academic resources.Therefore,from the perspective of academic reflection and criticism,it is necessary to systematically analyze and critically reflect on the "economic-administrative law doctrine" to prevent its entanglement with the increasingly mature economic law theory.In this context,this article attempts to reflect on and criticize the doctrine of economic-administrative law from the standpoint of the development of modern economic law,and to argue the paradoxes and dangers of the doctrine itself.In the first part,through the introduction of the background and main viewpoints of the economic-administrative law doctrine of the former Soviet Union and Germany,we reflect on the blindness and subjective purpose of the early Chinese scholars in introducing this doctrine;we argue that the economic-administrative law doctrine has a specific purpose and historical background in other countries and is not universally applicable,and from the beginning,the Chinese jurisprudence has misinterpreted this doctrine,although it has experienced two debates It has not made substantial contribution to the basic theory of economic law,and ultimately has not been recognized by the legislature in practice.In the second part,the views of the doctrine of economic-administrative law in China after the transmutation are sorted out,and the reasons for the transmutation of the doctrine are discussed.In the third part,on the basis of summarizing the previous critical views on the doctrine of economic-administrative law,the harm that the doctrine of economicadministrative law can cause to theory and practice is argued,and the doctrine is rethought from two levels of economic law and administrative law.In the fourth part,from the perspective of the development of modern economic law,an attempt is made to explore the institutional path of deconstructing the doctrine of economic administrative law from the four levels of philosophy,rules,organization,and Implementation mechanism,as well as the role of market and government in the context of economic system reform.