Journal of Economic Law (2) -- Legal Issues of the Operation of Macro-control Power

Author: Xing Huiqiang
Publisher:
Publish Date: 2004-10-01
Features: The right of macro-control is the core category of macro-control law. The right of macro-control is a new type of function different from traditional administrative power. Based on the actual exercise process of the right of macro-control, as well as the trend of the second separation of power between decision-making and implementation, this work defines macro-control behavior as decision-making behavior and defines the right of macro-control as the right of decision-making. The operation of the right of macro-control is crucial. In terms of substantive law, it includes the subject system, requirements, and effectiveness of the right of macro-control, operational principles, and liability systems. In terms of procedural law, it includes procedural systems, issues of justiciability, and supervision systems. To ensure the smooth operation of the right of macro-control, as well as the independence and impartiality of the judiciary, and in light of the limitations of judicial power, macro-control behavior (i.e., decision-making behavior) should be non-justiciable. To achieve the restriction of the right of control, it is also necessary to introduce and improve political responsibility systems. The operation of the right of macro-control is reflected in the specific operations of macro-control in areas such as planning, finance, and taxation. Combining the general theory of macro-control law, this work selects some practical cases and new laws and regulations to discuss some hot issues in recent macro-control.