The word "economic law" first appeared in the book "Code of Nature" by French utopian Molleri, and modern economic law appeared in the western capitalist countries at the end of 19 and the beginning of the 20th century? During the primitive accumulation of capitalism, the theory of mercantilist market economy prevailed, advocating that the government should give aid to its own economy, even at the expense of war? Squeeze out foreign competitors? Is there a lack of realistic foundation in economic law during this period? From the18th century to the end of19th century, capitalism was in the stage of free market, and most capitalist countries advocated Adam Smith's classical market economy theory and rationalistic state function theory? Capitalist countries play the role of "night watchman" in the social and economic fields, and political rule becomes the central function of the country? Although the state also manages some social economy, it obeys the political rule of the state [1]? During this period, administrative law, especially civil and commercial law in western countries was highly developed, and the development of administrative law and civil and commercial law did not leave much room for economic law in the sense of state intervention. /kloc-from the end of 0/9 to the 1970s, capitalism entered the stage of monopoly, various contradictions within capitalist countries intensified day by day, and economic crises kept happening? In particular, the economic crisis of 1929- 1933 has hit many countries hard? In order to solve the problems brought by the crisis, governments all over the world have broken the absolute boundary between economic life and political life and fully intervened in economic life? The mainstream economics in this period was the theory of state interventionism, represented by Keynes? He published Employment on 1936. The general theory of interest and money systematically puts forward a series of viewpoints and policy propositions of state intervention in the economy? It can be seen that after the development from free competition to monopoly, the "invisible hand" can no longer fully meet the market demand. To solve the problems in the market, we can only use the means of state intervention in the economy? Due to the government's intervention in economic life, the dividing line between traditional civil life and political life has been broken, and there has been an economic relationship in economic life that cannot be solved by simple means of public law and private law? This economic relationship needs a new legal department to adjust, which is economic law? After 1970s, state interventionism was questioned. In the period when economic liberalism represented by supply school is coming back, the dominant position of Keynesianism is replaced by new economic liberalism? The supply school does not oppose the state's necessary intervention in social and economic life, but resolutely opposes the state's excessive and comprehensive intervention? Think that economic life should be dominated by the direct self-regulation of the market, supplemented by the indirect macro-control of the state?
(2) The emergence and development of economic laws in major western capitalist countries.
Before the western capitalist economic law came into being, civil and commercial law was the main way to adjust economic relations? At first, capitalist countries attached great importance to the legislation of market order supervision. Since the mid-20th century, western countries have emphasized the macro-management and supervision of the economy, and started to make various plans, trying to find the best point between the "invisible hand" and the "national hand" [2]? Germany's social market economy system, market competition freedom and government supervision authority complement each other? The development of German economic law can be roughly divided into three stages: the first stage (from the end of 19 to before World War I), the main legislation is that Germany promulgated the first anti-unfair competition law-trademark protection law, and 1896 promulgated the anti-unfair competition law? In the second stage (during the two world wars), during the first world war, the economic law promulgated by Germany was a general authorization law? Notice on limiting the maximum price of the contract? After the first world war, in order to restore the economy destroyed by the war, Weimar Republic abolished the wartime economic control law on the one hand, and followed the legislative principles of wartime economic law on the other hand, and successively promulgated the cartel rules law? Coal economic law? Potassium salt economic law? A series of economic laws, such as the Law on the Prevention of Abuse of Economic Rights, have set a precedent for clearly applying the concept of economic law to legislation itself [3]? The third stage (after World War II) After World War II, Germany split into East Germany and West Germany? Under the influence of American liberal democracy, West Germany embarked on the "third way" and implemented the social market system? In the early postwar period, the anti-cartel law was implemented according to the instructions of the occupying forces? During the period of 1966- 1967, an economic crisis occurred in Germany. In order to ensure sustained economic growth, the Law on Promoting Economic Stability and Growth was promulgated, which is an important macro-control law? The Japanese government intervenes in the market in two ways with the help of economic law, that is, economic law acts on the economic base in two ways: one is to maintain the competition order and give play to the market function; Second, the state regulates the whole national economy and market operation, and plays the role of government regulation [4]? The emergence and development of Japanese economic law have roughly gone through two stages? The first stage (during the two world wars) At the beginning of the 20th century, the economic structure of Japanese capitalism changed obviously, and monopoly capitalism gradually formed and grew? Japanese cartels appeared in the mid-Meiji period. At first, Japan adopted a policy of protecting and supporting cartels? The Japanese government has successively promulgated the Export Combination Law and the Organization Law of Important Export Commodities Production, both of which are compulsory cartel laws, which regulate organizations that have not joined cartels and make them subordinate to cartels. 193 1 Important Industry Control Law and 1932 Industrial Merger Law are also laws to promote cartels [5]? The second stage (after World War II) After World War II, Japanese rulers attached great importance to regulating and managing the economy by economic means and formulated a large number of economic laws in the process of restoring and developing the economy? In order to prevent the dissolved chaebol from reviving monopoly capital, the Japanese government promulgated the Law on Prohibiting Private Monopoly and Ensuring Fair Trade in 1947, and also promulgated the Law on Eliminating Excessive Concentration of Economic Power? Since 1952, Japan has entered a period of rapid development for 20 years. The important legislation in this period was the Law on Rationalization and Promotion of Enterprises? Basic law for small and medium-sized enterprises? Basic agricultural law? Basic Law on Consumer Protection, etc. Since 1970s, Japan has devoted itself to getting rid of the crisis. Revitalize the economy? Through legislative activities, the original economic law was constantly improved, and the main legislation in this period was the Prevention of Speculation Law? Emergency measures to stabilize national life law? Oil supply control act? Rationalization of energy use? Small and medium-sized enterprises bankruptcy mutual assistance law? The emergence and development of American economic law can be roughly divided into three stages: the first stage (from the end of 19 to 1929 before the world economic crisis). After the completion of the industrial revolution, there was a monopoly in the United States that greatly hindered free competition, causing widespread anxiety and dissatisfaction? The U.S. government sized up the situation, took the initiative to intervene and promulgated a series of anti-monopoly and anti-competition laws? The main economic legislation includes: 1890. In 1990, Congress passed the Law on the Protection of Trade and Commerce from Illegal Restriction and Monopoly, and then passed the Crayton Act and the Federal Trade Commission Act? In the second stage (1929, when the economic crisis broke out to the end of World War II), 1929, the world economic crisis caused a devastating blow to the American economy? After Roosevelt came to power, he comprehensively intervened in economic life by enacting economic legislation? During this period, the United States promulgated more than 70 economic decrees, such as the Emergency Banking Ordinance? Financial reform bill? Industrial Recovery Act? Soil protection law? New agricultural law? National labor relations law? Restoration and relief law, etc. [6]? The third stage% 26lt%26gt Since World War II; After World War II, the United States used Keynesian theory to consciously take economic legislation as a legal means for the state to intervene in the economy, and became a conventional and inevitable means for the existence and development of capitalist mode of production? The main economic legislation in this period was the economic recovery tax law of 198 1? Economic recovery law and tax law 1986, etc.