1000 Business Lessons Every Businessman Must Know

Chapter 113
[-]. Principles of my country's economic legislation

925. Principles of protecting the legitimate rights and interests of various economic entities

Under the current conditions in our country, in addition to being independent from each other and having different mutual interests, various economic subjects also have differences in economic nature.Each economic subject has an economic component that is attributed to a certain economic nature.During the development of my country's socialist economy, the legal status of economic subjects in different economic sectors used to be different.

For example: under the planned economic system, the public sector of the economy is the main body of the social economy and plays a leading and dominant role, while the non-public sector of the economy is the object of restriction and transformation. the interests of the latter.Under the current socialist market economy conditions in our country, the existence of different economic sectors is still a long-term process. According to the rules of the market economy, only when economic subjects of different economic sectors have equal legal status and their respective legitimate rights and interests are equally protected can we Establish a socialist market economic system full of vigor and vitality.

Therefore, according to the objective reality of the market economy, the Economic Law regards the equal protection of the legitimate rights and interests of economic subjects of different economic sectors as one of its basic principles, so as to promote fair competition among various economic sectors in the unified socialist market. .

According to the principle of protecting the legitimate rights and interests of various economic subjects, the economic law should confirm and affirm the nature, status and role of various property ownership, provide equal protection for the interests of economic subjects of various economic components, and stipulate corresponding equal protection methods and sanctions against violations, so as to give full play to the active role of various economic sectors in the development of a socialist market economy.

926. The principle of combining market mechanism with macro-control

The market mechanism refers to the mechanism that regulates production and services according to the relationship between supply and demand in the market.The market mechanism plays an important role in promoting the rational allocation of resources, meeting the needs of people's lives, and promoting the improvement of social productivity and technological progress.However, the market mechanism has a certain degree of spontaneity and blindness. If it is not properly controlled, it may cause great waste to the society, damage the interests of the people, and cause economic anarchy.

Therefore, the country must carry out necessary macro-control on the market. Macro-control refers to the country's overall economic activities in order to achieve the basic balance of the social economy, promote the optimization of the economic structure, and guide the sustained, rapid and healthy development of the national economy. regulation and control.Through this kind of regulation, the general balance between the economic aggregate and major production and consumption ratios can be controlled, and large fluctuations in economic operation can be prevented.Economic law, as an important law for adjusting national economic management and cooperative relations, should regard the organic combination of market mechanism and macro-control as an important principle of its own.

According to this principle, the economic law should standardize, institutionalize and legalize the nature, content, means, and degree, method and scope of mutual integration between the market mechanism and macro-control, so that the macro-control will not affect the normal function of the market mechanism, and at the same time It also provides a certain range and space for state management and appropriate intervention in the economy to avoid blindness and arbitrariness.In practice, the authority and standardization of the central government's economic management should be strengthened and the unity and scientificity of the plan should be strengthened by enacting the planning law to give various plans of the national economy the corresponding legal status; Strengthen the supervision of statistics, audit and credit through the statistic law, statistics law and bank law; strengthen the management of commodity circulation through the formulation of the market management law; carry out social redistribution and rationalization of human, financial and material through the formulation of the budget law, tax law and state-owned assets management law Use; Regulate market behavior by formulating competition laws and price management laws.

927. The principle of combining the interests of the economic organization itself with the interests of society

The ontological interests of an economic organization refer to its own interests.The essence of economic relationship is the relationship of material interests, and the fundamental purpose of economic organizations participating in economic activities is to realize their own material interests.

Therefore, the economic law should put the protection of the self-interests of each economic subject in an important position.However, any economic activity is not an isolated category, and has a close relationship with social interests. This is not only because any economic subject participating in economic activities must have an interest relationship with other economic subjects, but also because any economic activity is closely related to the interests of the participants in the economic activity. Outside the subject has a close interest relationship.In this case, the economic law should coordinate the interest relationship among various economic subjects and the relationship between the ontological interest and the social interest while protecting the ontological interests of the economic organization.

First of all, the interests of the subjects of various economic and legal relations should be coordinated, and the interests of the other cannot be protected at the cost of harming the interests of one aspect.This includes not only the protection and coordination of interests between subjects of legal relations at different levels (such as the state, localities, enterprises and individuals), but also the protection and coordination of interests between subjects at the same level.

Second, the interests of individual economic organizations must coincide with those of society.Social interests refer to social public interests and overall social interests.In terms of the combination of the two, modern legal theory and the nature of socialism in our country generally emphasize that noumenal interests must not violate social interests, and when noumenal interests and social interests conflict, social interests should take precedence.

Therefore, economic law should also implement this basic spirit.In fact, the "Product Quality Law", "Consumer Rights Protection Law", "Anti-Unfair Competition Law", and "Environmental Protection Law" that have been promulgated in our country are all legislative manifestations of protecting social interests and embodying the priority of social interests.

928. Upholding the principle of fair competition
The essence of a market economy is a competitive economy.The market is a place where commodities are exchanged, and where there is a market, there is competition.The market economy achieves the survival of the fittest with its competition law, promotes the rational flow of the entire production factor market, and realizes the purpose of structural optimization and rational allocation of resources.However, the law of competition in the market economy shows that where there is competition, there will be unfair competition. Unfair competition refers to the use of falsehood, fraud and other means that violate business ethics by market economic entities in market economic activities to harm the country, society and competition. or acts that disrupt the economic order.Therefore, economic law should maintain fair competition and stop unfair competition as one of its basic principles.

Fair competition refers to the competitive activities in which participants in economic activities obtain more economic benefits in production and operation, use legal means, and carry out competitive activities under equal market conditions and a legal environment.Economic laws and regulations should focus on creating a fair and free competition environment, maintaining a market economic order of fair competition, and ensuring the realization of fair competition to the greatest extent and to the greatest extent.At the same time, the maintenance of a fair competition environment is actually achieved by opposing acts of unfair competition.Economic law should take the suppression and opposition of unfair competition as its important task.

The above basic principles are interrelated and complementary to each other, and jointly guide my country's economic legislation, law enforcement and judicial activities.

[-]. Differences and connections between economic law and civil law
929. Civil law is the basic law for adjusting market economic relations

Market economy is different from natural economy and planned economy and has inseparable connection with commodity economy.The market economy allocates social resources through the market mechanism, and its characteristic is to follow the laws of the market, that is, the laws of value, the laws of supply and demand, and the laws of competition.Reflecting this essence at the level of phenomena, it forms the equality and autonomy of market subjects, the contractual nature of market relations, the competitiveness of market activities, the unity of market systems and rules, the openness of market scope, and the differentiation of competition results, etc. Six characteristics.

Adapting to the above essential characteristics of the market, the principles of civil law essentially meet the legal needs of a market economy.Engels concluded after examining the commodity economy relations in pre-capitalism and early capitalism: "Civil law norms only express the economic living conditions of society in the form of law."

In modern countries, civil law is "the direct translation of economic relations into legal norms".The market takes open, fair, and just competition as its own characteristics, and the civil law takes equality of subjects, freedom of will, equivalent payment, and honesty and credit as its basic principles, and the two are completely consistent.

It can be seen that civil law, as the basic legal expression of the market mechanism, is the best choice for commodity relations, and is the most basic legal demand derived from market economic relations. inherent features of the economy.

930. Economic law is the legal need to overcome the inherent defects of the market economy

The market itself has a power to balance supply and demand, which can make resources be allocated rationally.However, the spontaneous regulation of the market economy by the law of value has limitations, blindness and differentiation, which is the so-called "market failure".Periodic economic crises confirm this point.

After World War II, all countries in the world have strengthened the macroeconomic regulation and control of the economy.Proceeding from the interests of society as a whole, the state intervenes appropriately in the economy, and this kind of economic thinking is expressed in law, which produces economic law.

Economic law starts from the pursuit of a balance between efficiency and fairness. On the basis of respecting the law of value and the autonomy of private law, the state intervenes appropriately in the economy in order to pursue the overall interests of society and the stable and healthy development of the economy.It has become an indispensable legal means in modern market economy countries, making up for the deficiency of civil law adjustment.

931. Relationship between economic law and civil law

Both economic law and civil law are indispensable legal departments under the condition of my country's market economy.They jointly serve the task of adjusting the relationship of my country's market economy, and their goal is to promote the healthy, stable and rapid development of my country's socialist market economy.This requires the two to cooperate with each other and restrict each other in different fields in order to play their respective positive roles.

As different branches of law, economic law differs from civil law in the following ways:
(1) The subjects are different.The subjects of civil law are limited to citizens and legal persons, and the subjects of economic law include not only citizens and legal persons, but also internal institutions of corporate legal persons and other economic subjects.More importantly, the status of the parties to the subject of civil law is equal, and the subject of economic law may not necessarily be equal to the parties when participating in the economic regulation relationship.

(2) The adjustment objects are different.Civil law mainly adjusts the economic relationship between equal subjects in the field of circulation, while economic law mainly adjusts the economic regulation relationship in the field of production.

(3) The adjustment methods are different.Civil law adjusts economic relations based on the principles of voluntariness, equality, compensation for equal value, and good faith, while economic law adjusts economic relations not only by order and obedience, but also by a combination of order and equality.

(4) The functions are different.Civil law emphasizes individual autonomy, which reflects the individual standard; while economic law emphasizes the state's intervention in the macro economy, which reflects the social standard.

(5) The methods of sanctions are different.Civil law only adopts civil sanctions, while economic law can adopt a combination of civil, administrative and criminal sanctions.

To sum up, both economic law and civil law will adjust economic relations and play their respective roles.The economic law we talk about in daily life often contains the content of both.As the subject of economic relations, managers should have a basic understanding of both civil law and economic law.In view of the writing purpose of this book, the economic law referred to in the later chapters of this book, unless otherwise specified, refers to economic law in a broad sense including civil law and economic law.

(End of this chapter)