Transitional Jurisprudence – The Legal Interpretation of the Market Economy: The Legal Interpretation of the Market Economy

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Features: From the perspective of legal research, this book attempts to explore brand-new research methods and approaches, representing both the integration of economics and law and the combination of multiple legal domains within the field of law. In the analysis of each issue, it starts with empirical analysis of cases and relies on classic legal theories. The author's independent and free-thinking spirit embedded in the text, the thought process that breaks through traditional disciplinary barriers, and the rational yet flexible approach that is not bound by any fixed format are all distinctive features of this book. This book offers insightful exploration on the following three issues:
First, the legal interpretation of the market economy. The core issue of market-based rule of law revolves around the relationship between power and rights. There is a traditional legal interpretation of this relationship. In the modern market legal structure, the constitution and constitutionalism serve as the foundational framework. China should establish a legal system that aligns with constitutionalist principles, where the constitution should provide a institutional paradigm for market economic development, such as protecting citizens' rights, especially property rights, which are the prerequisite for market transactions. For transitional economies, bankruptcy law holds particular significance.
Second, the relationship between the rule of law and the market economy. The core of the market economy lies in competition, which should be equal, free, fair, and based on trust. The rule of law must provide mechanisms to ensure this competition. A market economy built on the rule of law is a healthy one. Therefore, the relationship between the rule of law and market entities (enterprises), the government, and market order are major issues that transitional legal studies must delve into.
Third, the judicial system corresponding to the market economy. The judiciary serves as the last line of defense for maintaining social fairness, a topic extensively discussed in academia. Then, does the design of the judicial system and its corresponding institutional support affect the realization of fairness? And to what extent does it influence fairness? There is undoubtedly a connection and impact between the two. What kind of judicial system can adapt to the dual demands of fairness and efficiency in the reality of a transitional China? Currently, there is no definitive answer. However, the judicial system that suits China's market economy should simultaneously meet the following requirements: it must reflect both the fundamental demand of the market economy for fairness and justice, as well as the transitional characteristics of China's economic development.