经济主体及其权利：资源市场化配置的法学分析
发布时间：2018-11-22 11:23
【摘要】： 资源市场化配置的法学分析是研究法律制度如何对资源配置活动产生影响，以引导改革和完善资源配置的经济制度，把资源配置活动建立在有效的运行环境之中。利用法学原理，以经济主体及其权利为主线，把经济与法律结合起来研究资源配置，，目的在于使资源配置活动规范性和有效性。 分析表明，根植于资源配置活动中的法律不仅具有维系社会正义的职能，还具有负担实现资源有效配置，促进社会财富增长的功能，经济发达国家的发展历史也证明了这一点。在资源市场化配置中，经济主体及其权利的确认是首先要解决的基本问题，通过法律制度来确认经济主体及其权利是提高资源有效配置的关键。把权利的配置做为资源配置的核心，这是因为①资源配置中经济主体的经济活动是利益的配置，而利益的配置体现了决定这个利益的权利的配置，不同经济主体对权利的不同估价是权利发生交易的基础。②权利的确认是经济主体参与资源配置财产权的确定。财产权在资源配置中会给经济主体带来收益和成本，评价收益和成本就是来解决利益最大化、均衡和效率问题，从而来实现对法律制度的选择和改革，以适应资源配置制度的效率要求。 财富的分配应当成为鼓励人们最大限度地发挥潜力，增值社会财富的一种手段。当资源缺少时，资源应分配给能够促进资源的利用和发挥作用，增加社会财富的人手里，这样的人是通过竞争和价值规律的作用选拔出来的，对于资源分得较少或没有的人，由于掌握资源的人，增进了社会财富，这些人最终也会得到好处。法律责任的确立和权利义务的分配，都应当成为实现这一目标的手段，使资源从低效益的使用者手中转移到高效益的使用者手中，刺激经济的增长，提高社会福利水平，从而在更高层次和更大意义上实现社会公正和正义，这 也就是说最终走向共同富裕的道路。西方发达国家经过原始资本积累 和发展阶段的残酷竞争之后，才有了现在这样的社会福利，也说明了 这一点。通过法律把对资源占有的权利首先分配给能够最大限度地使 财产增值的人手里，是市场经济对法律的要求。 本论文通过对市场化资源配置的分析，得出资源配置的有效性在 于如下关系:①资源配置活动与经济权利主体。资源配置活动是否有 效是由经济权利主体的活动而决定的，经济主体的活动如果是有效 的，资源配置将是有效的，经济主体行为如果是追求利益最大化行为， 最根本的是确定经济主体的权利，而经济主体是通过产权制度的建立 和选择来确定经济主体是一个有权利的主体，有权利的经济主体的行 为必然是以追求利益最大化为目标的。②资源配置的有效性与经济权 利主体的行为方式。确定了经济主体的产权，经济主体就有了追求利 益最大化的动力。而经济权利主体的资源配置活动达到有效性，需要 有激励经济权利主体追求利益最大化的制度，激励制度的设计和选择 为经济权利主体实现利益最大化起到了引导作用。③资源化配置活动 中经济主体的竞争行为与补救制度。没有竞争，经济权利主体就没有 活力，追求利益最大化就没有动力。资源配置活动通过经济权利主体 的竞争，使其达到最有效性，但是过度的竞争又会导致整体的损失， 通过设立限制不正当竞争与补救制度，规范经济权利主体的竞争行 为，则成为资源配置整体有效的必要手段。④资源配置的有秩序性与 经济权利主体的利益协调。有秩序的资源配置活动才可能产生出有效 的结果来，经济权利主体在追求利益最大化的过程中，必然产生个体 之间的利益冲突，契约制度为协调经济主体之间的利益起到了重要作 用，它是资源市场配置的制度需要，资源配置在契约性条件下才会有 秩序，有效性才能得到保障。⑤经济权利主体行为与资源市场化配置 的运行环境。资源配置是通过经济权利主体的经济活动来实现的，经 济主体的经济活动需要在一个公平、公开、公正的环境中进行，资源 配置才可能取得有效的结果。这种环境是通过制度来实现的，而法律 制度是这个环境建立的基础。实现资源市场化配置的有效性，就必须 建立市场化的法律制度，使资源配置在法律制度的框架内实现其目 的。 因此，根据上述的关系，法律制度成为经济主体进行资源市场化 配置的根本制度，资源配置市场化不仅需要法律制度，而且需有效的 法律制度，法律制度贯穿于经济权利主体经济活动构成的资源市场化 配置的全过程。 创新点 1.观点创新 (1)资源配置即是经济主体的权利配置。 (2)资源配置的全过程是经济权利确认和交换的过程，权利配 置成为资源配置的核心问题。 (3)法律制度对提高资源配置有效性是通过对权利配置(包括 权利的确认、权利的转移和权利的终结)的规范和确认来实现的。 (4)市场经济即为以权利确认和转移为核心的经济。 2.结构体系创新: 从主体出发，把主体经济权利视为核心，强调自由与约束。以经 济主体及其权利为主线，把产权、激励、竞争、契约和整体法律环境 融于统一体，置于资源配置活动中整体思考，形成自有的结构体系， 即主体一产权一激励~竞争~契约一整体资源配置环境的法
[Abstract]:The legal analysis of the resource-oriented configuration is to study how the legal system has an impact on the resource allocation activities, to guide the reform and to improve the economic system of the resource allocation, and to set up the resource allocation activities in an effective operating environment. With the principle of law, the economic subject and its rights are the main line, and the economic and the law are combined to study the resource allocation, and the purpose is to make the resource allocation activity normative and effective. The analysis shows that the law rooted in the resource allocation activity not only has the function of maintaining social justice, but also has the function of realizing the effective allocation of resources, promoting the growth of social wealth, and the development of the developed countries The history also proves this. In the resource-oriented configuration, the confirmation of the economic subject and its rights is the first basic problem to be solved, and the economic subject and its rights are recognized through the legal system. The key to the effective allocation of resources is to make the configuration of the right as the core of the resource allocation, because the economic activity of the economic subject in the resource allocation is the arrangement of the interests, and the arrangement of the benefits reflects the allocation of the right to determine the benefit, and the different appraisal of the rights by the different economic subjects is The basis of the transaction of the right. The recognition of the rights is the participation of the economic subject. The determination of the property right of the source configuration. The property right can bring the income and the cost to the economic subject in the resource allocation, and the evaluation income and the cost are the problems of maximizing the interests, the balance and the efficiency, so as to realize the choice and reform of the legal system so as to adapt to the resources The efficiency of the configuration system. The distribution of wealth should be the most encouraging A means of maximizing the potential and value-added social wealth. When the resources are scarce, the resources should be allocated to the person who can promote the use and the role of the resources and increase the social wealth, which is selected by the action of the law of competition and value. a person with less or no source, due to the person in possession of the resource, The creation of legal responsibility and the distribution of rights and obligations should be the means to achieve this goal and the transfer of resources from a low-cost user to a high-effective user. to stimulate the growth of the economy and to improve the level of social welfare The realization of social justice at a high level and in greater importance Justice, that's it. That is to say, to the road of common prosperity. The West is developed. the country is passing through The brutal competition of the original capital accumulation and development stage And then, there's a social welfare now, and that's what it's going to do. This is the case. The right to take possession of resources through the law first is distributed to the maximum extent that In the hands of the value-added of the property, It is the requirement of the market economy to the law. The analysis of the field resource allocation results in the effectiveness of the resource allocation. in that follow relationship: the resource allocation activity and the follow-up The body of the economic rights. Does the resource allocation activity have The effect is determined by the activity of the economic entity, and the economic master The activity of the body is valid if it is valid The resource allocation will be valid and economic subject behavior if is the pursuit of best interest, The most fundamental is to determine The right of the economic subject is the establishment of the economic subject through the property right system. and selection to determine that the economic subject is a right subject, The line of the economic subject with the right shall be in pursuit of that best interests The effectiveness of the resource allocation. the right to the economy The way of behavior of the main body. The economic subject is defined. The property right and the economic subject have the pursuit of profit. The power to maximize the benefit, and the resource allocation of the economic rights subject The activity is effective, and there is a need to have the main body to stimulate the economic rights pursue The System of the Maximization of the Interest, the Design of the Incentive System and the Design of the Incentive System; Select the realization of benefits for the subject of economic rights To maximize the role of the guide. The resource allocation is active. The Competition and the Remedial System of the Economic Subject in the Motion. The subject of economic rights has no vitality and the pursuit of the best interests to There is no power. The resource allocation activity is based on the subject of economic rights The competition to make it the most effective but excessive competition can lead to a total loss, through the establishment of a system for restricting the unfair competition and the remedy system, the specification The competition line of the subject of economic rights is the resource allocation. The necessary means for the body to be effective. rank order and rank The interests of the subject of economic rights are coordinated. The resource allocation of order may not be effective As a result, the subject of economic rights is in the pursuit of the best interest over In the course of course, there must be a conflict of interest, a deed between the individual. The system has played an important role in coordinating the interests of the economic subjects in use, it is The system needs of the resource market configuration, and the resource allocation will only take place under the contractual conditions have Order, Effective The nature of the main body of the economic rights of the Republic of China and its capital The operating environment of the source-oriented configuration. The resource allocation is on. economic activity of the subject of economic rights It is realized that the economic activities of the subject of the economy need to be in one Conduct in a fair, open and just environment, resource allocation It's only possible to get a valid result. This is done through a system. and the law The system is the foundation of the establishment of this environment. set Effectiveness, the city must be established The legal system of field, which makes the allocation of resources within the framework of the legal system. thus, according to the above-described method,
【学位授予单位】：西北大学
【学位级别】：博士
【学位授予年份】：2003
【分类号】：F014
本文编号：2349209
[Abstract]:The legal analysis of the resource-oriented configuration is to study how the legal system has an impact on the resource allocation activities, to guide the reform and to improve the economic system of the resource allocation, and to set up the resource allocation activities in an effective operating environment. With the principle of law, the economic subject and its rights are the main line, and the economic and the law are combined to study the resource allocation, and the purpose is to make the resource allocation activity normative and effective. The analysis shows that the law rooted in the resource allocation activity not only has the function of maintaining social justice, but also has the function of realizing the effective allocation of resources, promoting the growth of social wealth, and the development of the developed countries The history also proves this. In the resource-oriented configuration, the confirmation of the economic subject and its rights is the first basic problem to be solved, and the economic subject and its rights are recognized through the legal system. The key to the effective allocation of resources is to make the configuration of the right as the core of the resource allocation, because the economic activity of the economic subject in the resource allocation is the arrangement of the interests, and the arrangement of the benefits reflects the allocation of the right to determine the benefit, and the different appraisal of the rights by the different economic subjects is The basis of the transaction of the right. The recognition of the rights is the participation of the economic subject. The determination of the property right of the source configuration. The property right can bring the income and the cost to the economic subject in the resource allocation, and the evaluation income and the cost are the problems of maximizing the interests, the balance and the efficiency, so as to realize the choice and reform of the legal system so as to adapt to the resources The efficiency of the configuration system. The distribution of wealth should be the most encouraging A means of maximizing the potential and value-added social wealth. When the resources are scarce, the resources should be allocated to the person who can promote the use and the role of the resources and increase the social wealth, which is selected by the action of the law of competition and value. a person with less or no source, due to the person in possession of the resource, The creation of legal responsibility and the distribution of rights and obligations should be the means to achieve this goal and the transfer of resources from a low-cost user to a high-effective user. to stimulate the growth of the economy and to improve the level of social welfare The realization of social justice at a high level and in greater importance Justice, that's it. That is to say, to the road of common prosperity. The West is developed. the country is passing through The brutal competition of the original capital accumulation and development stage And then, there's a social welfare now, and that's what it's going to do. This is the case. The right to take possession of resources through the law first is distributed to the maximum extent that In the hands of the value-added of the property, It is the requirement of the market economy to the law. The analysis of the field resource allocation results in the effectiveness of the resource allocation. in that follow relationship: the resource allocation activity and the follow-up The body of the economic rights. Does the resource allocation activity have The effect is determined by the activity of the economic entity, and the economic master The activity of the body is valid if it is valid The resource allocation will be valid and economic subject behavior if is the pursuit of best interest, The most fundamental is to determine The right of the economic subject is the establishment of the economic subject through the property right system. and selection to determine that the economic subject is a right subject, The line of the economic subject with the right shall be in pursuit of that best interests The effectiveness of the resource allocation. the right to the economy The way of behavior of the main body. The economic subject is defined. The property right and the economic subject have the pursuit of profit. The power to maximize the benefit, and the resource allocation of the economic rights subject The activity is effective, and there is a need to have the main body to stimulate the economic rights pursue The System of the Maximization of the Interest, the Design of the Incentive System and the Design of the Incentive System; Select the realization of benefits for the subject of economic rights To maximize the role of the guide. The resource allocation is active. The Competition and the Remedial System of the Economic Subject in the Motion. The subject of economic rights has no vitality and the pursuit of the best interests to There is no power. The resource allocation activity is based on the subject of economic rights The competition to make it the most effective but excessive competition can lead to a total loss, through the establishment of a system for restricting the unfair competition and the remedy system, the specification The competition line of the subject of economic rights is the resource allocation. The necessary means for the body to be effective. rank order and rank The interests of the subject of economic rights are coordinated. The resource allocation of order may not be effective As a result, the subject of economic rights is in the pursuit of the best interest over In the course of course, there must be a conflict of interest, a deed between the individual. The system has played an important role in coordinating the interests of the economic subjects in use, it is The system needs of the resource market configuration, and the resource allocation will only take place under the contractual conditions have Order, Effective The nature of the main body of the economic rights of the Republic of China and its capital The operating environment of the source-oriented configuration. The resource allocation is on. economic activity of the subject of economic rights It is realized that the economic activities of the subject of the economy need to be in one Conduct in a fair, open and just environment, resource allocation It's only possible to get a valid result. This is done through a system. and the law The system is the foundation of the establishment of this environment. set Effectiveness, the city must be established The legal system of field, which makes the allocation of resources within the framework of the legal system. thus, according to the above-described method,
【学位授予单位】：西北大学
【学位级别】：博士
【学位授予年份】：2003
【分类号】：F014
【引证文献】
相关博士学位论文 前3条
1 张梦琳;集体建设用地流转的资源配置效应与优化调控研究[D];南京农业大学;2010年
2 余文鑫;居民市场主体论[D];中共中央党校;2006年
3 谢炜;中国公共政策执行过程中的利益博弈[D];华东师范大学;2007年
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