close

本篇paper代写- The relationship between law economics and economic law讨论法经济学与经济法学的关系。法经济学和经济法学都属于法学的概念范畴,二者既有区别也有联系。从法经济学的角度来看,它和传统的法学不一样,因为法经济学是从经济学的探究体例角度出发,运用的是微观经济学的系统实证法和范例体例法,最终的目的是要实现对法律制度的拟定、发展和实行结果进行研究。从概念上进行分析,法经济学和经济法学的发展存在着关联性,有着相辅相成、相互促进的关系。本篇paper代写51due代写平台整理,供大家参考阅读。

economic law,law economics,paper代写,代写,essay代写

Both law economics and economic law belong to the concept category of jurisprudence. From the perspective of law and economics, it is different from the traditional law, because from the perspective of economics to explore the style, law and economics is applied microeconomics empirical method and style in the sample method of system, the ultimate goal is to realize legal system to formulate, develop and implement results of the study. It can be said that the economics of law is a particularly strong intersect. From the point of view of economic law, the research object of economic law is state intervention in the economy has the legal relationship object of coordination, and the main purpose of economic law is to regulate the reasonable field of law. From the perspective of conceptual analysis, it is found that the development of law economics and economic jurisprudence has relevance, and this kind of complementary and mutually reinforcing relationship has become the focus of research. This paper analyzes the relationship between law economics and economic law, and aims to make a clear understanding of them so as to better use them.

Method with economics and economic law belongs to the category of the concept of law, so the two are similar in many aspects, but also because a emphasizes the "economy", an emphasis on "law", so there is obvious difference and both. From the perspective of research practice, economic law and law economics are permeated with each other, and the development of each other is obvious. At present, scholars who study the relationship between the two have made remarkable achievements in their analysis from the perspective of economics and jurisprudence in order to have a clearer understanding of the two.

From the point of research, law economics and economic law is the product of the intersection of law and economics, so both has the characteristics of law, also had the traits of economics, but because of the different emphases, so the difference is significant.

Method for the study of economics and economic law, it have to be distinguish from concept, first of all, the method of the discipline of economics in the study of legal phenomena and issues, using the concepts and methods of economics. Posner as one of the most famous expert in law and economics, while he was in the study method of economics, the image of the analysis of "the law of economics", so the western theory, the method of economics to be called "law and economics".

At this level, the content of the study of law economics is exactly the legal system formed after the integration of law and economics.

Second, the economic law mainly refers to under the condition of mass production, the government in order to have to adjust the blindness of market economy, fully play their economic management functions, and thus realize the production and the market main body of the economic relationship between the floorboard of the legal norms. Due to the market economy system is now fully established, but there is blindness, market regulation and government through effective intervention to achieve the optimal allocation of resources, making the development of the market more healthy. In order to make the government's regulation more effective and to combat the unregulated market activities, it is necessary to use the law to carry out market maintenance. In such an environment, the study of economic law becomes very important.

The obvious similarity between law economics and economic law is that they have the same theoretical basis. Because both law economics and economic jurisprudence are the cross-boundary disciplines produced in the integration of law and economics, they are very good to combine the theory of fairness and justice and benefit. In the study of economics, the benefit theory is very important, and in the jurisprudence research, fairness and justice are exactly equivalent to the benefit theory, which indicates that there is the compatibility between the two theories. Method economist coase and posner about the question of "economic efficiency" in economics with clear, they think that benefit as a measure of all legal and even is the basic standard, all appropriate public policy must be to achieve the allocation of resources to achieve the goal of value maximization. From the perspective of this benefit, both law and economics must pay attention to efficiency. Therefore, both legal economics and economic law need to realize their own value based on the theory of benefit.

Another common area of law economics and economic law is the same idea. Many of the ideas in French economics embody the concept of benefit and run through it.

Whether in ancient times or in modern times, people for their legal value criteria are law should reflect the principle of fair justice, from this level, the field of law and economics have been expanded. Originally, the concept of efficiency is the concept in economics, but will benefit concept to join to the legal system and found that the law should not only embody fairness and justice, but also reflect benefits, this makes the evaluation law fairness and justice has become the new standard.

Both law and economic law, which has the concept of justice and benefit, the concept of fit, the economic law and the law and economics in the research of practical problems, with the unified standards and fairness and justice and benefit, the new standard makes the effect of economic law and law economics more prominent, its function is also more vast.

Another similarity between law economics and economic law is that they share the same values. Come up from theory analysis, in economics to the increase of the effective benefit, often will vary in terms of value, and in law, in order to embody fairness and justice, to the requirement of efficiency will be reduced. The two are opposite in theory, but in the law of economics and economic law, the values of the two are surprisingly consistent. Main research purpose is to improve the department of law and economics and the legal system, make its can achieve fairness and justice, and the research of economic law is to regulate scope of state intervention in the economy, so as to adjust the intervention in the process of legal relationship, to the fair, guarantee the benefit of the whole. From the economic law and finally realizes the purpose of law and economics perspective, both of which is to realize fairness and justice of the law, to ensure efficiency, so that economics and economic law is to ensure efficiency and to achieve fairness and justice, so the two values in practical application is the same.

The prominent difference between law economics and economic law is the subject nature and adjustment object of the two. The law economics mainly USES the economics principle of welfare economics and microeconomics principle to carry on the law formation, the system and the operation and the economic impact analysis legal discipline. Method of the process of research in economics, the famous economist posner thinks "apply the system principle and analysis method of economics to the analysis of legal system" in the subject is the law and economics. It can be seen that the scope of law economics covers a wider range, including not only civil and commercial law and economic law, but also all legal disciplines such as constitutional law and administrative law of criminal law.

From the analysis of the adjustment object, economic law is the department law that carries on the research of economic law theory and economic law. The main object of study is economic law. Economic law in the process of research, focus on the principle and method of using the law to analyze economic problems, the research object is in the specific legal adjustment and regulation problems in economic and social relations. The adjustment object of economic law is unique, namely, only the adjustment of economic relations resulting from state intervention, while other economic relations are not within the scope of adjustment. The purpose of economic law is to regulate the scope of adjustment means by the state, so it is different from administrative law. Administrative law emphasizes the intervention of administrative management, while economic law mainly emphasizes the regulation of economic relationship adjustment.

First is in the study of law and economics, using the general is the related theory of economics, such as legal concept, legal system and legal operation, on the explanation of main use or microeconomics analysis method. In the interpretation of normative legal documents and jurisprudence, economic analysis is also used. Because the research method of law economics is unique, it has formed a relatively independent school of law.

Secondly, when studying economic law, the theory and research method of law are often used. It is found in the research practice that the study of economic jurisprudence mainly USES normative or non-normative legal documents to determine the legal basis through research. In the process of actual research, the analysis of specific economic and social relations using the theory of law has become the normal research of economic law. There is no difference between this kind of research and general jurisprudence, so it has no particularity.

Comprehensive in terms of economics and economic law is a law and economics of overlapping borderline subject, but both in theory and principle of differences exist, research goal and the object is also different, so in the research method is divided. Studies in law and economics is special, so can form the independent school of law, but the economic law and general law, so its research methods and research in other laws, and no difference.

The differences between law economics and economic jurisprudence also show the differences in research objectives.

First of all, law and economics Yu Faxue and in the process of the gradual fusion of economics, the science has obvious marginal characteristic, because of its existence and development, is completely in order to assist the economic law system and the needs of the legal system as a whole. From a functional point of view, mainly for legal economic analysis of law and economics, in the process of practical application, is the use of the principle and some analysis methods of economics of law thinking. It can be said that the law economics is the research goal of the legal norms with economic law nature and basic characteristics to form the department law system. The main purpose is to explain the phenomenon of economic law and to study its operation rule.

Second, economic law is mainly to the legal system to standardize the operation each link of a kind of control, through the use of the economic law, can effectively regulate behavior in the process of state intervention in the economy, so as to ensure the interests of economic participation main body. From the point of aim, the Lord is the purpose of economic law to regulate state behavior in macroeconomic regulation and control, that is to say, the research purpose of economic law, is to protect the interests of the economic activity, so that economic activity in a fair and just atmosphere.

Law economics and economic jurisprudence, as the interdisciplinary subject of the integration of law and economics, cannot be ignored in the current legal system. In-depth understanding and analysis of the concepts of economics and economic law will not only deepen the understanding of the principles of economics, but also deepen the cognition of jurisprudence. Economics of law and economic law complement each other in practice, work together, on the one hand, perfect the legal system of our country, advance the construction of the legal system, on the other hand, the specification again adjusting methods and scope of the government in a market economy, makes the development of the market economy more power and health.

要想成绩好,英国论文得写好,51due代写平台为你提供英国留学资讯,专业辅导,还为你提供专业英国essay代写paper代写,report代写,需要找论文代写的话快来联系我们51due工作客服QQ800020041或者WechatAbby0900吧。

arrow
arrow
    創作者介紹
    創作者 r51due 的頭像
    r51due

    r51due

    r51due 發表在 痞客邦 留言(0) 人氣()