宏观调控法若干基本范畴的法理分析

宏观调控是国家权力与市场运行规则契合的重要表现形式,是当代市场经济最突出的一个特点。宏观调控的法治化是历史发展的必然趋势;宏观调控法的基本范畴是宏观调控法治化的理论基础。本文选取了宏观调控法的内涵、本质特征、立法价值和立法基本原则几个基本范畴,在承继学界研究成果的同时,对一些基本的理论问题以及人们观念上的一些误解和偏差,进行了法理分析,提出了“宏观调控法治化”和“宏观调控法理论‘法治化’”的主张,并对其实现途径作了一些探讨。

A Jurisprudential Analysis on Several Basic Categories of Macro-regulation Law

The policy of the macro regulation and control consists of one of the essential forms combining the sate power and the market operational mechanism, which reveals the one the significant characteristics going on in the market-oriented economy. The legitimation of the above-stated macro regulation and control predicts the indispensable tendency in the development of social history. The territories to be regulated by the Law of the Regulation and Control is based on the elemental theory of the constitionalization about the macro regulation and control.The thesis, having absorbed some beneficial theories from the precedent scholars, therefore, basing itself on some fundamental issues concerning the connotation, exclusive characteristics, value of legislation as well as the essential principles by which the said law is made, makes a jurisprudential research on the some basic theoretical problems and some relevant misconceptions or incorrect opinions and then presents the authors＇ own opinions over the " constitutionalization of macro regulation and control " and " constitutionalization of the Law of Macro Regulation and Control " while pointing out some strategic proposals on how to make it substantialized in practice.