중국경제법의 입법방향 결정요인에 대한 연구 -사회총체이익본위관을 중심으로-

Abstract

The legislative system revolution is at the peak in china. Including the labor law which came into effect at the last Jan. 1. 2008 and Anti-monopoly law which will come into effect at the next Aug. 1. 2008, Too many lawmaking, specially in a economic law area, add more fuel to the opening market and revolution of China. It is almost caused by the acception to the WTO entrance conditions. Most of these kind legislation has the will of opening market, participation and it's revolution of China. This paper would analyse the social benefit standard of chinese economic law which is serve to the decisive factor of economic law's legislation direction. but it must pay attention to that social benefit standard is not the sole law-philosophical factor to decide the legislation direction of chinese economic law. Too many scientific research paper for the human benefit standard in a recent could explain this academic circumstance in china. From building the notion of social benefit, I will consider the circulative history of individualism and totalism which was appeared in the change of law system. And through analysing the development history and the reason of problem that china is faced with now, I will make a close investigation into the decision factor and direction of china economic law. Chinese economic law works on the every field connected with building market economic system and promoting it's improvement, therefore, It exists and expand it's field with exceeding the role of complement the weak points of private law. Specially at the present surrounding which is developing to the completely different direction with the past, The market's new and various demand to the economic law will accelerate it. So China government just as America will pursue the conversion of development direction that world market system fit for the chinese participation to it. and chinese economic law will play a leading role through the legislation suited to it´s purpose. This purpose will be progressed, by three principle namely maximum, generalization, continuance of private benefit pursuit, to the direction beneficial for social total benefit of China.