经济法与行政法关系新探

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The relationship of Economic Law and Administrative Law is a puzzle in the theoretic research of legal field at home and abroad. The dissertation is try to probe into the relationship of Economic Law and Administrative Law, which purpose is to enhance the theoretic study of Economic Law.At present, the specialists and scholars have formed two opposite opinions. One standpoint think that Economic Law exists as an independent branch of law, having a coordinative status with Administrative Law. The other think that Economic Law is an offset of Administrative Law. In author’s opinion, a scientific cognition about Economic Law and Administrative Law is the foundation of probing into their relationship.As we all know, Economic Law’s aim is to safeguard social economic interests. That is to say, Economic Law gains natural sociality from it’s <WP=3>emergence. So, Economic Law is an independent branch of law, not a subdivision of Administrative Law. There are many differences between them. The fashionable opinion about the system info of Administrative Law includes many dissociable factors, ultimately doing harm to the functions of Administrative Law. Therefor, the dissertation advises the system info of Administrative Law should be divided into two independent parts——Administrative Law and Regulative Law. Administrative Law answers for supervising the exertion of executive power, while Regulative Law is responsible for safeguarding the exertion of executive power. Through the discussion about the relationship among Economic Law, Administrative Law and Regulative Law, we not only realize that Economic Law, Administrative Law and Regulative Law are three independent branches of law, but also deepen our comprehension about the relationship between Economic Law and Administrative Law.The dissertation focuses on the relationship between Economic Law and Administrative Law. Research methods such as taxonomy, comparison, induction and deductive method have been analyze the topic. The whole paper is about 5,3000 words, divided into seven chapters.Introduction deals with the signality of discussing the relationship between Economic Law and Administrative Law. It indicates author’s opinion.Chapter one deals with the historical review of Economic Law and Administrative Law. First, it summarize the primary viewpoint about the relationship between Economic Law and Administrative Law at home and abroad. Then, it indicates a scientific cognition about Economic Law and Administrative Law is the foundation of probing into their relationship. <WP=4>Chapter two deals with the scientific cognition about Economic Law. In this part, it indicates Economic Law is an independent branch of law, which aim is to safeguard social economic interests. It belongs to Social Law Sector.Chapter three is concerned with the innovation of Administrative Law, namely, Regulative Law should be separated from Administrative Law. Firstly, the emergence of Administrative Law is resulted from controlling executive power. Secondly, the fashionable opinion about the system info of Administrative Law includes many dissociable factors, ultimately doing harm to the functions of Administrative Law.Chapter four deals with the differences between Economic Law and Administrative Law. It demonstrates many differences between them, such as social root, legal adscription, character, essence, principal aim, regulating object. Chapter five demonstrates the differences between Economic Law and Regulative Law, such as principal aim, regulating object, shape, administrative body. Chapter six expatiate on the contact between Economic Law and Administrative Law. They play different roles in the development of market economy. They cooperate with each other in function.Chapter seven deals with the contact of Economic Law and Regulative Law. It indicates they overlap each other in economic field.Epilogue generalizes the main idea of the whole dissertation.
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