|
|
|
篇目详细内容 |
|
【篇名】 |
Reflections on the Legal Features of the Socialist Market Economy in China |
|
【刊名】 |
Frontiers of Law in China |
|
【刊名缩写】 |
Front. Law China |
|
【ISSN】 |
1673-3428 |
|
【EISSN】 |
1673-3541 |
|
【DOI】 |
10.1007/s11463-011-0133-5 |
|
【出版社】 |
Higher Education Press and Springer-Verlag |
|
【出版年】 |
2011 |
|
【卷期】 |
6
卷3期 |
|
【页码】 |
343-368
页,共
26
页 |
|
【作者】 |
Ignazio Castellucci;
|
|
【关键词】 |
socialist market economy; rule of law; public policy; economic law |
【摘要】 |
|
China’s socialist market economy is a market economy co-existing with a large public sector of the economy, affected by the State as a policymaker, a regulator and an important actor along with private ones; general interests in principle prevail over individual ones. A major role of the law is of providing the tools for administrative leadership and efficient macro-control. Legal and policy documents concur in indicating a model for the developing Chinese legal system: not as Western-style “rule of law” (r.o.l.); more and better socialist laws; effective supervision at all levels; intense macro-control over private economy; more efficient, law-abiding administration and legal institutions. The governing authorities are at different levels, according to the size/impact of each specific business, and each of them has or may have a say beyond the law, so implementing full macro- and micro-control on the market at various levels, through a substantial number of “policy checks” at appropriate junctions or in blank areas of the law. Differentiated “modes” of the law could be the results of a coordinated absorption within the socialist frame of values, mechanisms, norms, formants hailing from different sources. |
|
