1. The concept of economic law: economic law is the law that regulates and guarantees the
state's regulation of the social economy: economic law is a general term for the legal norms that
regulate various social relations that occur in the process of the state regulating the social
economy, regulating and guaranteeing the state's regulation, and promoting the coordination,
stability and development of the social economy.
2. Objects of adjustment of economic law:
1. The relationship between national economic regulation is the object of adjustment of the
economic law
The object of adjustment of economic law is the various social relations that occur in the process of
state regulation of social economy, referred to as the state economy
economic regulation relationship, or national economic regulation management relationship.
2. The specificity of the object of adjustment makes economic law an independent legal
department
The economic regulation relationship of the state, which is the object of adjustment of
economic law, is very different from the civil and commercial relationship between equal subjects,
and is also different from the traditional state administrative relationship, which makes economic law
an independent legal department that is completely different from civil and commercial law and
administrative law.
3. The function of economic law: to safeguard and regulate state regulation, and to promote
social and economic coordination, stability and development.
4. On the place of economic law in the legal system as a whole
1. Economic law is an independent legal department.
2. Economic law is a first-level departmental law under the Constitution, and its status is slightly
the same as that of civil and commercial law and criminal law.
3. The close relationship between economic law and other legal departments, especially with civil and
commercial law and administrative law, has always been debated in academic circles
Hugh's question
5. System of
economic law:
1. Market Regulation Law (Market Barrier Removal Law);
2. National Investment and Operation Law;
3. Macroeconomic regulation and control method.
6. The concept of monopoly: the state or behavior of business operators individually or jointly
adopting economic or non-economic means to exercise exclusive control in a specific market,
thereby restricting or hindering competition.
7. Types of monopolies: 1 Abuse of dominant market position 2 Concentration of undertakings
3 Monopoly agreements 4 Administrative monopoly
8. Monopoly control model: 1 structuralist monopoly control model 2 behaviorist monopoly
control model
9. Principles for determining monopoly: 1 The principle of illegality per se 2 The principle of
reasonableness (restriction only if damage is caused).
10. Regulation of monopolistic behavior by law: 1. Regulation of abuse of dominant market
position: The anti-monopoly laws of various countries are generally clearly regulated
Price discrimination, forced trading, predatory pricing and exclusive trading are prohibited. 2.
Regulation of monopoly agreements: Monopoly agreements are divided into horizontal anti-
competition agreements and vertical anti-competition agreements, the former such as joint price
limiting and collusive bidding, and the latter such as restricting resale prices, which are expressly
prohibited by the anti-monopoly laws of various countries. 3. Regulation of concentration of
undertakings: Mergers and acquisitions are a normal form of survival of the fittest metabolism in
the market economy, and mergers and acquisitions regulated by the Anti-Monopoly Law refer to
those mergers and acquisitions that significantly change the market structure, produce or
enhance market dominance, and have obvious anti-competitive effects. (Notification system) 4
Regulation of administrative monopoly: In reality, administrative monopoly is manifested as
regional monopoly, industry monopoly, compulsory purchase, compulsory joint restriction of
competition, etc. Its harm is very great, so China's anti-monopoly law takes it as a key object of
prevention and regulation.
11. Exclusion system for the application of the Monopoly Law: The exemption from the
application of the Anti-Monopoly Law to certain specific industries, specific enterprises, specific
behaviors, and certain privileges granted by the law is essentially within the scope of the Monopoly
Promotion Law.
12. Extraterritorial use of monopoly law: The anti-monopoly law of a country extends to all
monopolistic and anti-competitive acts that occur abroad and have an impact on the country
13. Types and determinations of unfair competition: (1) deceptive market transactions;
(Market confusion is similar to trademark deception.)
Sexual commercial promotion, such as false advertising, etc.) (2) Inducement market transactions;
(e.g., commercial bribery, unfair low-price sales, improper prize sales, etc.) (3) Forced market
transactions. (overlapping with monopolistic behavior) (4) infringement of trade secrets (5)
commercial defamation
14. Scope of application of the Consumer Law: 1. Consumers who purchase or use goods or
receive services for the needs of daily consumption are subject to their rights and interests
The law protects 2, and the purchase and use of means of production directly used in agricultural
production by farmers is also implemented with reference to the law.
15. Consumers' rights: 1. The right to security: the right to protect persons and property from
damage. 2. The right to know the truth
Understand the true condition of the goods or services. 3. The right to choose independently:
choose independently, not forced. 4. Right to fair trade: quality assurance, reasonable price and
correct measurement. 5. The right to claim compensation according to law: to obtain compensation
for damages. 6. The right to associate in accordance with the law: form associations and work
together to protect rights. 7. The right to seek advice and obtain knowledge: to obtain relevant
consumer knowledge. 8. Maintain the right to dignity: human dignity is respected in the process of
consumption. 9. The right to supervise and criticize: the supervision of goods and services and the
protection of rights.
16. Ways to resolve consumer rights and interests disputes: 1. Negotiate and settle with
business operators; 2. Request mediation by consumer associations or other mediation
organizations; 3. Appeal to the relevant administrative departments; 4. Submit to an arbitration
institution for arbitration in accordance with the arbitration agreement reached with the operator;
5. File a lawsuit with the people's court.
17. Determination of the subject of consumer infringement: p183
18. Scope of application of the Product Quality Law:
1. The meaning of the product
(1) The term "product" as used in this Law refers to a product that has been processed and made
for sale.
(2) The provisions of this Law shall not apply to construction projects; However, the provisions of
this Law shall apply to the building materials, building components and equipment used in
construction projects.
(3) Military products are not included in the list of "products" referred to in the Law, and the
measures for the quality supervision and management of them shall be formulated separately by
the State Council and the Central Military Commission.
2. The adjustment object of the product quality law
The object of adjustment of the Product Quality Law is the relationship between product quality
regulation, which mainly includes two aspects:
(1) Product quality supervision relationship: the regulatory relationship between product quality
supervision departments at all levels of government and producers and sellers in product quality
supervision and management activities;
(2) Product quality responsibility relationship: In the process of production and exchange, the
regulatory relationship involving product quality between product producers and operators and
between them and consumers, as well as the relationship between legal liability arising therefrom.
19. Legal system for product quality management
1. Standardized management of products
2. Supervision and inspection of product quality
Unqualified test: Correction within a time limit Announcement Order to suspend business, rectify
within a time limit, and revoke the business license.
3. Product quality certification and enterprise quality system certification system
(1) Product quality certification
(2) Enterprise quality system certification
4. Product recall system
20. The system of product quality responsibility: civil legal liability (product defect warranty
liability and product defect damage compensation liability), criminal legal liability, administrative
legal liability.
21. The relationship between product quality responsibility and product liability 1 The
nature of responsibility is different 2 The basis for determining responsibility is different 3 Bearing
The conditions of liability are different
22. The concept of state-owned assets: State-owned assets are the property owned by the
whole people represented by the state, and refers to the general term of various forms of assets
that are obtained or recognized by the state in accordance with the law, or obtained by virtue of
state power, or formed by the state in various forms of investment and investment income in
enterprises, as well as the state's appropriation of funds to administrative institutions
23. Classification of state-owned assets: Classification of state-owned assets
(1) According to the distribution status and use characteristics
Operating assets (occupied by a corporate company)
Non-operating assets (occupied by administrative institutions)
Resource assets
(2) According to the form of existence
fixed asset
liquid asset
intangible asset
(3) According to the regulatory entity
State-owned assets of the central government
Local state-owned assets
24. State-owned assets supervision legal system: State-owned assets clearance and
verification system, State-owned assets property rights definition system, State-owned assets
property rights registration system, State-owned assets property rights trading system, State-
owned assets evaluation system, State-owned assets financial supervision system, State-owned
assets loss investigation and handling system
25. Scope of national investment: new rural construction, public services, resources and
environment, independent innovation, infrastructure
(1) The investment in public welfare projects shall be borne by governments at all levels;
(2) The investment in basic projects shall be carried out by governments at all levels through
enterprise entities, and the participation of other types of investment entities shall be encouraged
and attracted;
(3) The government will no longer bear the investment in competitive projects, and the enterprise
company will make its own decisions and bear its own risks as the main body of investment
The required funds are self-financed and self-financing.
26. The function and value of the planning method
(1) Authorization function: to ensure that the plan can be smoothly formulated and implemented
(incentives and sanctions for the implementation of the plan);
(2) Restriction function: restraining the excessive intervention of government planning power in
the market, which is specifically achieved through the following provisions. the setting of the
subject of planning authority; setting of procedures for the preparation and implementation of the
program; Specification of the content of the plan: it should be more of a guiding plan, and as little
as possible to issue directive indicators; Stipulates the liability of the programme management
authority for non-performance of programme obligations.
(3) Trust protection function: It is realized by giving the plan execution entity the right to request
for plan guarantee.
27. The main contents of the plan procedure law: 1. The formulation of the plan 2. The
implementation of the plan 3. The adjustment of the plan
28. The system of fiscal law: the fiscal management system law, the budget law, the fiscal
revenue management law (the national debt law, the tax law, the independent portal), and the
finance
Government Expenditure Management Act (Government Procurement Act, Transfer Payment Act)
29. The basic content of the tax-sharing system
(1) Determine the corresponding scope of fiscal expenditure according to the different functions of
the central government and local governments
(2) Determine the scope of fiscal revenue according to the different functions of the central
government and local governments and the scope of fiscal expenditure
Central revenue: mainly customs duties, consumption taxes, etc.;
Local revenue: most of the business tax, profits paid by local enterprises, urban land use tax, deed
tax, and compensation for state-owned land
Use of revenue.
The central and local governments share revenue: value-added tax (75% shared by the central government
and 25% shared by the local government), resource tax (offshore oil resource tax).
to the central government, the rest to the local government), income tax (6:4 split between the central
and local governments), stamp duty (97:3 split between the central and local governments). ) 。
30. The main contents of the Budget Procedure Law:
Budget management procedures: budget preparation, budget review and approval, budget
adjustment, final accounts
31. Characteristics of the national debt:
(1) public purpose; (2) voluntary and remunerative; (3) Highest security: national credit, gilts.
32. Functions of the National Debt:
(1) Make up the fiscal deficit (the current scale of bond issuance = the deficit of the current year +
the repayment of the principal of the current treasury bonds + the interest payment of the current
treasury bonds); (2) Pairing
economic macroeconomic regulation and control;
33. Problems and improvement methods in China's current transfer payment practice:
Problems: (1) Non-disclosure: The National People's Congress does not know the whereabouts of
hundreds of billions of funds; The place does not know how much it can get; (2) Injustice
(3) unfairness, general transfer is too low, and (4) lack of efficiency
Method:
34. The concept of government procurement:
Government procurement, in a broad sense, refers to all acts of the government using financial funds
to purchase goods and services; Government procurement in the narrow sense refers to the
purchase of purchases from the open market by state organs, public institutions and organizations
under the organization and supervision of the financial department in a legally prescribed manner
and procedure
goods and services activities.
35: Government procurement model: decentralized procurement: who needs who to procure
Centralized procurement: separation of the right to use and the right to procure. Centralized
mining
Combination of purchasing and decentralized procurement (China)
36. Government procurement methods: public bidding, invitation to bidding, competitive
negotiation (more than three people), single-source procurement, inquiry, other
manner
37. The basic pattern of financial supervision: the People's Bank of China and the Ministry of
Finance, the China Banking Regulatory Commission, the China Securities Regulatory Commission,
and the Insurance Regulatory Commission
38. Nature of the People's Bank of China: The People's Bank of China is the central bank of our
country and the state organ in charge of monetary and financial affairs
A legal person is a special financial institution and an important macroeconomic regulation and
control organ.
39. Status of the People's Bank of China: The People's Bank of China is directly subordinate to
the State Council and, under the unified leadership of the State Council, formulates and
implements monetary policies, prevents and defuses financial risks, and maintains financial
stability. Submit to the Standing Committee of the National People's Congress a work report on the
situation of monetary policy and the operation of the financial industry. The governor of the
People's Bank of China is nominated by the Premier of the State Council, decided by the National
People's Congress or the Standing Committee of the National People's Congress, and appointed by
the President
40. Functions of the People's Bank of China
(1) Issuing bank: As a central bank, it has a monopoly on the right to issue money. Responsible for
the issuance of RMB and the management of RMB circulation.
(2) Government banks: It holds, manages, and operates the country's foreign exchange reserves
and gold reserves in accordance with the law, entrusts the manager of the state treasury, and
engages in relevant international financial activities as the country's central bank. Acting as an
agent for the financial department to organize the issuance and redemption of treasury bonds and
other government bonds to various financial institutions.
(3) Banks of banks: Centralized custody of deposit reserves deposited by depository financial
institutions in accordance with the law; To financial institutions play last
the role of the lender; Organize and support the national payment and clearing system, and
provide clearing services for financial institutions
(4) Banks with financial regulation: through macroeconomic indicators of financial markets such as
money supply, credit, interest rate, and exchange rate
and then affect the aggregate demand and aggregate supply of society.
(5) Banks for financial supervision: Since the establishment of the Banking Regulatory Commission,
the People's Bank of China has been stripped away from all kinds of financial institutions in its day-
to-day supervision responsibilities, but it still retains the necessary financial supervision
responsibilities in accordance with the law, such as supervising and managing the interbank
lending market and the interbank bond market, implementing foreign exchange management,
supervising and managing the interbank foreign exchange market, supervising and managing the
gold market, and guiding and deploying the anti-money laundering work of the financial industry.
Responsible for anti-money laundering fund monitoring.
41. Monetary policy of the People's Bank of China
(1) Expansionary monetary policy: driving the growth of aggregate demand by increasing the
money supply. The interest rate when the money supply increases
It will be lowered, and it will be easier to obtain credit, so expansionary monetary policy is more
likely to be used in recessions.
(2) Contractionary monetary policy is achieved by reducing the level of aggregate demand by
reducing the growth of the money supply
Credit is more difficult, and interest rates are higher, so contractionary monetary policy is often
used when it comes to inflation.
42. Monetary policy instruments: (1) reserve requirement ratio (2) rediscount rate (3) open market
operations: refers to the central bank
Buying and selling securities or other financial assets in the financial market (4) the interest
rate policy of the People's Bank of China (5) the relending policy
43. The content of supervision: 1. Market access supervision 2. Daily operation supervision
(asset adequacy supervision, liquidity supervision, loans
risk control, commercial bank regulatory rating system) 3, market exit supervision
44. The main content of securities supervision:
Securities Market Access Regulatory System 1. Securities Issuance Regulatory System
Regulatory regime for securities listings
Disclosure of information in securities transactions
45. Securities violations: misrepresentation, insider trading, defrauding customers, and
manipulating the market
46. The basic form of price:
Market-regulated price refers to the price set by the operator independently and formed through
market competition.
The government-guided price refers to the price set by the government price department or other
relevant departments in accordance with the pricing authority and scope of the benchmark price and
its floating range, and the price set by the operator.
Government pricing refers to the price set by the government price department or other relevant
departments in accordance with the pricing authority and scope.
47. The main methods and measures for the government to regulate and control prices
The general price level, also known as the general price level, refers to the weighted average level
of the prices of various goods and services in a country or region in a certain period of time. China
uses the general retail price index and the general consumer price index to reflect the overall price
level.
(2) economic measures to regulate the general level of prices: monetary policy; Fiscal policy;
investment policy; Import and export policy.
(3) The system and means of regulating the overall price level: A. the reserve system of important
commodities B. the price adjustment fund system C. the protective price policy D. price
intervention measures and emergency measures
