This book presents the development and reformation of economic law in China and explores the "three relationships" between the government and market, between reform and rule of law, and between the constitution and economic law. On this basis, it subsequently focuses on development theory, distribution theory, risk theory and crisis theory. Further, it addresses effective development, fair distribution, and prevention and resolution of related risks and crises, which are important functions of economic law. In order to achieve the above functions and objectives, the book argues, we must vigorously promote the integration of rule of law in economic law, and constantly refine the theory of economic rule of law employed in China.The book demonstrates that no matter how the "three major relationships" are adjusted or the relevant systems are reformed – i.e., regarding the implementation of the concept of coordinated development or the optimization of economic structures; the solution of distribution problems or the improvement of distribution systems; the prevention of risks or the response to crises – any such changes depend on economic rule of law. The above-mentioned theoretical discussion presents a "new horizon" of contemporary Chinese economic law theory, which will be of great value to the future development of economic law theory.
Author(s): Shouwen Zhang
Series: Understanding China
Publisher: Springer
Year: 2020
Language: English
Pages: 310
City: Singapore
Foreword
Preface
Contents
1 Introduction: Theoretical Development and Extension of Horizon
1.1 Background and Problems
1.2 Historical Basis for “New Developments” of Economic Law Theory
1.3 New Changes on Theoretical Types
1.4 Key Issues and Basic Framework of This Book
References
2 Tripartite Relations and Regime Theory
2.1 Legal Regulation of Government-Market Relation
2.1.1 Background and Issues
2.1.2 “Two-Way Movement” and Dialectical Approach
2.1.3 “Binary Allocation”, Streamlining Administration and Delegating Powers
2.1.4 Legislative Transformation and Improvement of Economic Governance Ability
2.1.5 Conclusion
2.2 “Reform Decisions” and Economic Law Consensus
2.2.1 Presenting Problems
2.2.2 Important “Reform Decisions” Since 1978 and Their Impact on Economic Law Consensus
2.2.3 Relation Between the 2013 Reform Decision and Economic Law Consensus
2.2.4 Conclusion
2.3 Interpretation of the Relation Between the Constitution and Economic Law from the Perspective of “Economics”
2.3.1 Presenting Problems
2.3.2 Economics Shared by the Constitution and Economic Law
2.3.3 Interaction Between the Constitution and Economic Law from the Perspective of Economics
2.3.4 “Consistency” Between the Constitution and Economic Law from the Perspective of Economics
2.3.5 Conclusion
References
3 Development Ideas and Development Theories
3.1 Coordination Thought in Economic Law
3.1.1 Basic Knowledge of Coordination Thought
3.1.2 Goals of Coordination and Interest Coordination
3.1.3 The Coordination Thought Directly Related to Systematic Thought
3.1.4 Coordination Though and Category Refinement
3.1.5 Conclusion
3.2 Coordinated Development of Economic Law and the Constitution
3.2.1 Presenting Problems
3.2.2 Constitutional Basis for Economic Law Development
3.2.3 Development of Economic Law to Promote Development of Constitution
3.2.4 Coordination of Economic Law and the Constitution Amid Development
3.2.5 Conclusion
3.3 Thinking of “Double Adjustment” in Economic Law
3.3.1 Presenting Problems
3.3.2 Economic Structural Adjustment Depends on Effective Adjustment of Economic Law
3.3.3 Prominent Problems in “Double Adjustment”
3.3.4 “Double Adjustment” and Structural Adjustment of Economic Law
3.3.5 Important Economic Law Issues in “Double Adjustment”
3.3.6 Conclusion
References
4 Distribution as a Main Line and Distribution Theory
4.1 The Main Line of Distribution Running Through the Theory and System of Economic Law
4.1.1 Main Line of Distribution and “Two Types of Distribution”
4.1.2 Shift of Focus of Distribution and “U-Shaped Curve”
4.1.3 Changes in Distribution Policy and Development of Economic Law
4.1.4 The System and Theory Running Through the Main Line of Distribution
4.1.5 Conclusion
4.2 Economic Law Pathway to Mitigate “Double Pressure”
4.2.1 Presenting Problems
4.2.2 The Reality of “Dual Pressure”
4.2.3 The Internal Relation Between “Double Pressure” and Economic Law Regulation
4.2.4 “Double Pressure” and the Right-Duty Distribution of Economic Law Subjects
4.2.5 Specific Ways to Use Economic Law to Mitigate the “Double Pressure”
4.2.6 Conclusion
4.3 Economic Law Regulation of Distribution Structure
4.3.1 Background and Issues
4.3.2 Allocation Structure, Institution and Distribution Power
4.3.3 Diversified Legal Adjustment of Distribution Structure
4.3.4 Refining Economic Law Theory from Distribution Structure Adjustment
4.3.5 Economic Law Adjustment to Real Distribution Problems
4.3.6 Conclusion
4.4 Differential Distribution and Its Economic Law Regulation
4.4.1 Presenting Problems
4.4.2 Important Factors Affecting Distribution Differences and Dimensions of Analysis
4.4.3 Differential Distribution and Its Structural Risks
4.4.4 The Need for Differential Distribution and Economic Regulation
4.4.5 Unfair Distribution and Effective Regulation of Economic Law
4.4.6 Conclusion
References
5 Risk Theory and Crisis Response
5.1 Risk Society and Risk Theory in the Realm of Economic Law
5.1.1 Presenting Problems
5.1.2 Introduction to Risk Issues
5.1.3 Two Types of Risks
5.1.4 Risk Prevention and Control System
5.1.5 Risks, Crises and Security
5.1.6 Risk Theory in Economic Law
5.1.7 Conclusion
5.2 Interpretation of Financial Crises from the Economic Law Perspective
5.2.1 Breakout of Financial Crises
5.2.2 Expansion of Financial Crises from the Perspective of Economic Law
5.2.3 Resolution of Financial Crises
5.2.4 Conclusion
5.3 Economic Crisis and Theoretical Exploration
5.3.1 Expansion of “National Competition Theory”
5.3.2 Expansion of the “Public Economic Crisis” Theory
5.3.3 Expansion of “Situation Change Theory”
5.3.4 Exploration Into Existing Economic Law Theories
5.3.5 Conclusion
5.4 Crisis Response and Effective Development of Economic Law
5.4.1 Presenting Problems
5.4.2 Analysis of the Main Economic Measures to Deal with the Crisis
5.4.3 Problems Existing in China’s Economic Rule-of-Law Construction from the Perspective of Crisis Response
5.4.4 Promote the Effective Development of Economic Law
5.4.5 Effective Development of Economic Law and Deepening of Economic Law Research
5.4.6 Conclusion
References
6 Economic Legislation and Rule-of-Law Theory
6.1 Legislative Integration of Economic Law
6.1.1 Background and Issues
6.1.2 Multi-dimensional Need for Legislative Integration
6.1.3 Realistic Possibility of Legislative Integration
6.1.4 Conclusion
6.2 The “Pilot Model” of Economic Legislation
6.2.1 “Pilot” VAT System
6.2.2 Legitimacy of the “Pilot” Legislation
6.2.3 Equity in the “Pilot” Legislation
6.2.4 Efficiency of the “Pilot” Legislation
6.2.5 Further Thinking on the “Pilot Model” of Legislation
6.2.6 Conclusion
6.3 “Structural Tax Reduction” and Economic Rule of Law
6.3.1 Background and Issues
6.3.2 Discussing Tax Reduction Power from the Perspective of “Structural Tax Reduction”
6.3.3 Tax Reduction Power as a Basis for “Structural Tax Reduction”
6.3.4 Proper Exercise of the Tax Reduction Power
6.3.5 Tax Reduction Power in the Reform of VAT System
6.3.6 Conclusion
6.4 Enhancement of Governance Ability from the Path of Economic Law
6.4.1 Background and Problems
6.4.2 Legislation Path: Improve Governance Systems from the Dimension of Economic Law
6.4.3 Decentralization Path: Differ Economic Functions from Economic Authorities
6.4.4 Ability Path: Toimprove the Ability of Economic Law Subjects
6.4.5 Conclusion
References
Postscript
