论社会成果公平分享的法律制度研究
发布时间：2018-12-26 14:48
【摘要】： 合理的收入分配制度是社会公平正义的重要体现。我们不仅要通过发展经济,把社会财富这个“蛋糕”做大,也要通过合理的收入分配制度把“蛋糕”分好。如何分好“蛋糕”,建立公平的分配制度是关键。 通过在初次分配和再次分配中建立和完善强制性的分配法律制度来实现社会成果的共享。本文的逻辑是首先通过对社会分配现状叙述,呼唤社会公平分配的时代背景,引出社会成果公平分享的概念。为了经济的持续,分配的正义,社会的和谐,社会成果应该公平分享。但仅仅靠市场的作用有不能修复分配的不公,从而引出国家的干预。国家干预正是市场失灵的药方,体现了国家干预的重要性和正当性。本文阐释了国家干预的含义以及从法律价值的角度论说了国家干预的原因。然后进一步从市场失灵的角度论说了经济法在干预市场失灵的表现之一——社会分配不公的分配关系中的独特优势,分别从宪法,民法,行政法对于分配关系干预的不足和经济法在干预分配关系的独特作用进行阐释的。虽然经济法在干预社会分配关系中具有优势,但不能过于迷信经济法是全能的,进而论说了经济法在调整分配关系是的范围和局限性。强调市场和民法在初次分配中的作用。强调市场在社会分配中的基础性价值。然后在讨论了经济法在干预社会分配关系中的运行机制和制度支撑。运行机制则是社会分配权在不同主体间的配置,制度支撑是缘由或者说分配权的正当性。如国家分配权的缘由在于国家的职能,企业分配权在于企业的独立市场主体地位,个人分配权在于人的发展和需要。最后,通过建立和完善在初次分配过程中和再分配过程中的强制性法律制度来实现社会成果的公平分享。尤其强调国家在初次分配过程中就干预分配关系的重要性,但同时强调国家在初次分配过程中干预的谨慎性和法治性。这源于政府的有限理性和政府失灵。当然,经过对社会分配关系两次的国家的强制干预,也不一定能完全实现社会分配公平,还需要其他的手段,甚至第三次调整为补充。 本文通过法律价值的研究方法,揭示效率和平等的关系。在初次分配阶段,应充分发挥市场机制的作用,实现效率的价值。在再分配阶段,通过国家的干预,实现平等的法律价值。一般来说,初次分配应该由民法调整,充分发挥市场经济的作用,实现社会财富总量的增加,从而实现效率的价值。而笔者认为,在当今的时代背景下,贫富差距日益加大,仅仅靠市场本身的作用,不但有损平等的法律价值,而效率的价值同样难以实现。实际上,社会分配不公就是市场失灵的一种表现,这时作为市场失灵的良方的经济法就应该能发挥功能,通过国家对初次分配的适度干预矫正市场的失灵,通过国家对社会分配关系的再干预,从而实现分配的正义。
[Abstract]:Reasonable income distribution system is an important embodiment of social fairness and justice. We should not only expand the "cake" of social wealth through economic development, but also divide the cake well through a reasonable income distribution system. How to divide the cake well and establish a fair distribution system is the key. By establishing and perfecting the compulsory distribution legal system in the initial distribution and redistribution to realize the sharing of social achievements. The logic of this paper is to introduce the concept of fair sharing of social achievements by describing the present situation of social distribution and calling for the background of social fair distribution. For the sake of economic sustainability, distributive justice, social harmony, social achievements should be shared equitably. But the role of the market alone can not repair the unfair distribution, leading to state intervention. State intervention is the remedy of market failure, which embodies the importance and legitimacy of state intervention. This paper explains the meaning of state intervention and the reason of state intervention from the angle of legal value. Then from the point of view of market failure, the paper discusses the unique advantages of economic law in the distribution relationship of unfair social distribution, which is one of the manifestations of intervening market failure. The administrative law explains the deficiency of distributive relation intervention and the unique function of economic law in intervening distributive relation. Although the economic law has advantages in interfering with the social distribution relationship, it should not be too superstitious that the economic law is omnipotent, and the scope and limitation of the economic law in the adjustment of the distribution relationship are discussed. Emphasis on the role of the market and civil law in the initial distribution. Emphasis on the market in the social distribution of the basic value. Then it discusses the operation mechanism and system support of economic law in the interventionist social distribution relationship. The operating mechanism is the allocation of the social distribution right between different subjects, and the institutional support is the reason or the legitimacy of the distribution right. For example, the reason of the national distribution right lies in the function of the state, the enterprise distribution right lies in the independent market main body position of the enterprise, and the individual distribution right lies in the development and need of the human being. Finally, the fair sharing of social achievements is realized by establishing and perfecting the compulsory legal system in the process of initial distribution and redistribution. In particular, the importance of state intervention in the initial distribution process is emphasized, but at the same time, the caution and rule of law of state intervention in the initial distribution process are emphasized. This stems from the limited rationality of the government and the failure of the government. Of course, after the compulsory intervention on the two countries of social distribution relationship, it may not be possible to realize the social distribution equity completely, but it also needs other means, even the third adjustment to supplement. This paper reveals the relationship between efficiency and equality through the research method of legal value. In the initial distribution stage, we should give full play to the role of market mechanism and realize the value of efficiency. In the redistribution stage, the equal legal value can be realized through the intervention of the state. Generally speaking, the initial distribution should be adjusted by the civil law, give full play to the role of market economy, realize the increase of the total amount of social wealth and realize the value of efficiency. In my opinion, under the background of the present era, the gap between the rich and the poor is widening day by day. Relying solely on the role of the market itself, it not only damages the legal value of equality, but also the value of efficiency is difficult to realize. In fact, unfair social distribution is a manifestation of market failure. At this time, the economic law, as a good prescription for market failure, should be able to play a role in correcting market failure through appropriate state intervention in initial distribution. The justice of distribution can be achieved through the state's re-intervention in the social distribution relationship.
【学位授予单位】：云南财经大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D920.4;F124.7
本文编号：2392273
[Abstract]:Reasonable income distribution system is an important embodiment of social fairness and justice. We should not only expand the "cake" of social wealth through economic development, but also divide the cake well through a reasonable income distribution system. How to divide the cake well and establish a fair distribution system is the key. By establishing and perfecting the compulsory distribution legal system in the initial distribution and redistribution to realize the sharing of social achievements. The logic of this paper is to introduce the concept of fair sharing of social achievements by describing the present situation of social distribution and calling for the background of social fair distribution. For the sake of economic sustainability, distributive justice, social harmony, social achievements should be shared equitably. But the role of the market alone can not repair the unfair distribution, leading to state intervention. State intervention is the remedy of market failure, which embodies the importance and legitimacy of state intervention. This paper explains the meaning of state intervention and the reason of state intervention from the angle of legal value. Then from the point of view of market failure, the paper discusses the unique advantages of economic law in the distribution relationship of unfair social distribution, which is one of the manifestations of intervening market failure. The administrative law explains the deficiency of distributive relation intervention and the unique function of economic law in intervening distributive relation. Although the economic law has advantages in interfering with the social distribution relationship, it should not be too superstitious that the economic law is omnipotent, and the scope and limitation of the economic law in the adjustment of the distribution relationship are discussed. Emphasis on the role of the market and civil law in the initial distribution. Emphasis on the market in the social distribution of the basic value. Then it discusses the operation mechanism and system support of economic law in the interventionist social distribution relationship. The operating mechanism is the allocation of the social distribution right between different subjects, and the institutional support is the reason or the legitimacy of the distribution right. For example, the reason of the national distribution right lies in the function of the state, the enterprise distribution right lies in the independent market main body position of the enterprise, and the individual distribution right lies in the development and need of the human being. Finally, the fair sharing of social achievements is realized by establishing and perfecting the compulsory legal system in the process of initial distribution and redistribution. In particular, the importance of state intervention in the initial distribution process is emphasized, but at the same time, the caution and rule of law of state intervention in the initial distribution process are emphasized. This stems from the limited rationality of the government and the failure of the government. Of course, after the compulsory intervention on the two countries of social distribution relationship, it may not be possible to realize the social distribution equity completely, but it also needs other means, even the third adjustment to supplement. This paper reveals the relationship between efficiency and equality through the research method of legal value. In the initial distribution stage, we should give full play to the role of market mechanism and realize the value of efficiency. In the redistribution stage, the equal legal value can be realized through the intervention of the state. Generally speaking, the initial distribution should be adjusted by the civil law, give full play to the role of market economy, realize the increase of the total amount of social wealth and realize the value of efficiency. In my opinion, under the background of the present era, the gap between the rich and the poor is widening day by day. Relying solely on the role of the market itself, it not only damages the legal value of equality, but also the value of efficiency is difficult to realize. In fact, unfair social distribution is a manifestation of market failure. At this time, the economic law, as a good prescription for market failure, should be able to play a role in correcting market failure through appropriate state intervention in initial distribution. The justice of distribution can be achieved through the state's re-intervention in the social distribution relationship.
【学位授予单位】：云南财经大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D920.4;F124.7
【引证文献】
相关博士学位论文 前1条
1 田春雷;金融资源配置公平及其法律保障研究[D];武汉大学;2012年
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