论经济法在分配功能中的地位--Essay代写范文

Essay代写范文:“论经济法在分配功能中的地位”，这篇论文主要描述的是我们经济的快速增长也带来了一些难题，我国的收入分配的矛盾也越来越为突出，这种矛盾也引发了一些不和谐的声音，这种认为分配不公的声音也直接影响到了人们对于经济改革的评价，因此我们需要不断的完善现有的收入分配制度。

And the situation of the distribution system

(A) the principle of distribution in our country

Under the current market conditions, China's "benefit priority, with due consideration to fairness" principle to this transformation from planned economy to market economy as an important breakthrough. The principle requires that the distribution according to work and distribution according to contribution of production factors on the top priority, after redistribution the results to avoid excessive income gap: that is, in pursuit of the efficiency of the market, complemented by ensuring the necessary government regulation of equitable income; is the incentive effects of income distribution first, followed by security or insurance.

(B) the pattern of income distribution in our country

Practice proved, advocates "efficiency priority", does let part people first rich up, social wealth in short period within to quickly accumulated, but due to implement implementation the distribution principles of related legal system supply insufficient, income distribution policy lack forward sex, led to urban and rural residents Zhijian, and town residents Zhijian, and different area residents Zhijian, and different industry workers Zhijian income distribution not reasonable, fair and efficiency Zhijian of relationship no get properly processing, eventually formed a number less of high income class and number huge of low-income groups, A large lower, middle and upper small "pyramid" structure of society. Middle income group in our country's chronic shortages, inevitably makes the "contradictions of social distribution" difficult to eliminate in a short time, and to a certain extent affected social stability and unity.

(C) the sources of law of unfair income distribution in China

First, the primary level in advocating "efficiency", let market "free", lack of an effective justice system. Market to pursue "survival of the fittest, and survival of the fittest" law of the jungle, "the jungle" was the inevitable result of free competition, it is bound to induce some market players for selfish ends, by hook or by crook, or use its dominant position to seek illegitimate interests. Also, because of the gap in resources of economic agents, pure market mechanisms lead to income levels and the huge differences in consumption levels, widening differences once you form, so that social wealth into the hands of, polarization, and eventually induce acute social contradictions constitute threatening social stability and social development problems. So, even the most efficient markets, may also have social injustice. As Lord Acton, evaluation: "Adam Smith provides a way for the accumulation of wealth, not to find ways of distribution of wealth and, therefore, his theory cannot help much to democracy, fair". In view of this, the Government should be decisive intervention in social distribution, by means of law, contrary to the principle of good faith on the one hand the competition rules, on the other hand moderate intervention to inequality of income and property, so as to alleviate the unfair distribution of social problems caused by market mechanisms.

As some scholars put it, the ever-widening gap of income distribution trend has not been contained the most fundamental reason is related to the institutional arrangements and the distribution of income and wealth. Unfair social distribution due to systems, rules, is one of the largest man-made unfair, most cannot be tolerated by the public. Therefore, the reverse of current social distribution pattern, unfair distribution system will require science, a sound legal system to support.

Second, economic redistribution function of history

First of all, the socialization of production and the emergence of the economic functions of the State as an economic law laid the economic foundation. During the competition, socio-economic adjustment mode is single, market mechanisms (the "invisible hand"), through its own value, supply and demand and competition mechanism to effectively regulate the allocation of resources and economic operation. But the market is not a panacea, only self-interest and blindness, lag, information asymmetry and inherent flaws have been "hidden", but could not avoid, resulting in "national hands" involved economy State regulation, regulation of the socio-economic model appeared "double". Market and national "two only hand" and no pros and cons of points, more no low-level, and senior of don't, with for economic of regulation mechanism ought to mutual tie, and complement each other: national regulation should to respect market for based, to make up market insufficient for mission, to market of health continued development for test itself intervention moderate or not of only standard; market regulation should guarantees competition mechanism of smooth run, using efficiency value encourages economic subject of widely participation, while courage to admitted itself of insufficient, for national intervention left has appropriate of space. Market economy should be rule of law, economic, market and State regulation should be carried out and neither condoned the arbitrariness of the market, and not ignore the abuse of State power, need to develop detailed legal regulation--the emerging economic law.

Secondly, the objective requirement of the market economy, the traditional law of ambition for economic law provided the possibility to stand out. In the modern market economy stage, with the market increasingly, social crisis caused by market failure ensued. Civil law has nothing, even has a social trend of civil law too. In a sense, today's unfair competition and monopoly, widening of the gap between rich and poor is civil and commercial legal sector, such as "apologia", "biased" result. Must be made with the power of the State to the established interest distribution pattern of serious problems--through the construction of a social and economic order of the civil law, needed major adjustments, and new laws, such as the birth of the economic law.

Thirdly, the social standard for the development of economic law in indicated direction. Law to "make up for the lack of markets, improving the State's intervention", then what should be the point of view of how to settle in economic activities of various contradictions and conflicts? "Individual standard", "standard" or "society"? Personal interest has long backed by traditional private law such as civil and commercial, national interests are constitutional law, administrative law, criminal law, public law responsible for the maintained, so the overall interests of economic law should have the courage to shoulder social responsibility, this implementation will affect the interests of the country and social trends of the future. Therefore, the goal of redistribution of economic law is the maintenance and promotion of social efficiency and social equity; is based on the social relevance and efficiency considerations and goals such as equity and justice and the pursuit. At the time of redistribution, to appropriately handle community overall economic efficiency economic efficiency, social and individual interests and individual interests, social justice and fair balance between individual, seeking the best balance.

Perfecting the system of income distribution in our country will inevitably begins with top design, namely the use of concepts and principles of how to guidelines and design practice of rational and effective reform of the income distribution. As noted above, confirm redistribution function of economic law for the reform of income distribution provide strong institutional support, advocate's "hands" interactive mechanism will also be very useful.

Income distribution in the field of "hands" interactive mechanism refers to the market together with the Government to solve the inequality of income distribution. Specific,, full play market in resources, and funds, and labor configuration, micro field in the of based sex role, with competition and supply and demand law for reasonable configuration, let market on economic interests total for initial distribution and regulation; this based Shang, Government in respect market law of premise Xia, using price, and tax, and interest rate, and credit, lever for macro-control, on social resources for again distribution regulation, established social security system, avoid blind pursuit efficiency and led to residents income distribution of too disparity, So as to maintain social fairness. Therefore, the top of the income distribution system and improve the design, that is, "hands" interactive mechanism, is in the "market regulation--government regulation" in a two-way operation such effective adjustments to the reform of the income distribution system and achieve the desired results.

(A) the redistribution function of market regulation law

Market regulation law aimed at excluding the negative factors impeding market mechanisms play a role, such as monopoly, unfair competition, and other unfair trade practices. With 19th century late production socialization of appeared, for market itself defects caused of against began highlights: as after market competition of fittest Hou, in originally many of market subject in the formed has some strength powerful of monopoly enterprise, they with itself of market advantage which Shi monopoly behavior (as low price dumping, and tying), exclusion other competitors, plunder consumers interests, and eventually damage social efficiency and social fair justice. Monopoly enterprise and not due competition who of behavior although twisted has market regulation play role of key factors--price mechanism, but its get of interests still belongs to production field within of initial distribution of results, is market regulation of must results, so, at "national of hand" must intervention, on interests resources for again distribution, and market regulation law is on this again distribution relationship of confirmed and guarantees.

To market regulation method in the of anti-monopoly method for cases, through developed various sanctions measures, as: forced segmentation, and dissolved monopoly enterprise, ban cartel agreement, Government pricing, fine,, a is makes its produced excess monopoly profits of based ceased to exists (as dissolved, and ban); II is makes its has get of excess monopoly profits reduced, or makes existing of excess monopoly profits tends to industry market competition subject of average (as fine, and Government pricing). Excess monopoly profits disappear or decrease means other rival and an increase in consumer interest, in order to achieve a redistribution of excess monopoly profits. Anti-more than when the competition law as well as State regulation of acts of unfair competition, reduces the benefits of perpetrators of acts of unfair competition (reduction of the increase in profit or loss) while other competitors and increase the interest of consumers, it's a redistribution.

(Ii) the redistribution function of macro-control law

Macro-control under market economy dominated by indirect means, primarily through economic policy and economic levers (such as national planning, finance, tax, finance, industrial policy, price controls, and so on) and economic laws and regulations, full respect for the value and the relationship between supply and demand in the market is to be achieved. For example, to curb overheating investment, monetary policy makers raised the benchmark interest rate decisions will enhance the company's capital costs, reducing its profits also increased the financial burden of outstanding bank debt; on the contrary, if the decision made lower interest rates to encourage investment, certain categories of depositors will be damaged because of the reduction in interest. Financial institutions through interest rates, deposits, loans, interest rates, exchange rates, means direct funding to, make a redistribution of interests between production and consumption.

Currently, taxes on individual policy is mainly play a role in raising revenue, basically do not regulate the role of residents ' income gap and the role of certain taxes and fees are not reduced, it is widening the income gap between residents. So can in tax in the added new tax, as gift tax, and heritage tax, seeks to competition beginning of equal; in refinement personal income tax Shi, can implemented diversification of tax policy, not only to consider up levy points, also to account area living differences, for family burden the not same, can design to family for units as tax subject, to in production field zhiwai, in residents Zhijian for interests of again distribution even is times distribution.

To sum up, this goal through norms "dualistic" mechanism of economic regulation, with redistribution function of the play, trying to realize State and market "hand" coordination, balance and harmony of the individual interests and the overall interests of society, synchronization of dual values of efficiency and equity release. This caters to the needs of China's reform of the income distribution system. Therefore, the continuous improvement of our country's income distribution system, and inevitably highlight the redistribution function of economic law.

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