Legal Transformation: The Legal Interpretation of the Market Economy: The Legal Interpretation of the Market Economy

Author: Li Shuguang
Publisher:
Publish Date: 2004-01-01
Features: From the perspective of legal research, this book attempts to introduce 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 case studies and grounds its arguments in classical legal theories. The author's independent and free-thinking spirit embedded in the text, the path of thinking that breaks through traditional disciplinary barriers, and the rational yet flexible approach that avoids rigid formats are all significant features of this book. This book offers profound insights into the following three issues:
First, the legal interpretation of the market economy. The core issue of market legal governance 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, with the constitution providing a institutional paradigm for market economic development. For instance, the constitution should protect citizens' rights, particularly private property rights, as this is a prerequisite for market transactions. For transitional economies, bankruptcy law holds special 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 credit. The rule of law must provide mechanisms to ensure this competition. A market economy governed by 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 legal studies in the transitional period must delve into.
Third, the judicial system corresponding to the market economy. The judiciary serves as the last line of defense for social fairness, a topic extensively discussed in academia. So, how does the design of the judicial system and its corresponding institutional support affect the realization of fairness? To what extent does it influence fairness? There is undoubtedly a connection and mutual influence between the two. What kind of judicial system can meet the dual demands of fairness and efficiency in the reality of a transitional China? Currently, there is no definitive answer. However, a judicial system suited to China's market economy should simultaneously meet the following requirements: it must reflect the market economy's fundamental demand for fairness and justice, while also embodying the characteristics of China's economic transformation.