基于民商法的非完全竞争市场宏观经济调控模型研究——以纺织行业为例

Research on Macro-Economic Regulation Model of Incomplete Competitive Market based on Civil and Commercial Law——Take the Textile Industry as an Example

我国推行市场经济20余年来取得了非凡的成就,随着社会主义市场经济体制改革的不断深入,宏观经济调控在社会经济生活中所起到的积极作用越来越明显.由于非完全竞争市场的固有缺陷,需要政府管理部门采取相应的经济手段、法律手段及行政手段对宏观经济进行干预,以维持社会总供给与总需求的相对均衡.在研究凯恩斯学派及后凯恩斯宏观经济调控理论的基础上,重点以纺织行业为例,分析了宏观财政政策、货币政策等经济调控手段的不足,主要表现为宏观调控的法治化程度过低、调控模式过于单一、及存在过多的政府行政干预.明确了非完全竞争市场环境下民商法在宏观经济调控中的重要构成作用,能够对市场经济环境中的各个主体实时准确定位,并在民商法的框架下保护企业和消费者市场主体的基本权益不受侵害.鉴于民商法在宏观经济调控中的重要调节作用,在非完全竞争市场条件下,基于民商法体系构建了一种宏观经济调控模型,在原有利率调控、税率调控的基础上引入了民商法影响因素调控措施,以更好地发挥出民商法法律体系约束对于我国宏观经济调控的积极影响.最后从进一步完善民商法体系、平衡市场主体之间权利和义务及强化民商法的立法机制等不同的视角,提出进一步完善基于民商法的宏观经济调控体系的具体举措,旨在进一步的发挥出市场经济运行管理及宏观调控中的法治效应.

China has made remarkable achievements in carrying out the market economy for more than 20 years.With the deepening of the reform of the socialist market economy system,the positive role of macroeconomic regulation and control in social and economic life is becoming more and more obvious.Due to the inherent defects of incomplete competitive market,it is necessary for the government management departments to take the corresponding economic means,legal means and administrative means to intervene in the macro-economy in order to maintain the relative balance between the total social supply and the total demand.On the basis of studying Keynesian school and post-Keynesian macroeconomic regulation and control theory,taking textile industry as an example,this paper analyzes macroeconomic fiscal policy,monetary policy and other economic regulation and control.The deficiency of means is mainly manifested in the low degree of rule of law of macro-control,the too single mode of regulation and control,and the existence of too much government administrative intervention.It is clear that the incomplete competitive market environment and the important role of the lower civil and commercial law in macroeconomic regulation and control can accurately locate each subject in the market economy environment in real time,and protect the basic rights and interests of enterprises and consumers from infringement under the framework of civil and commercial law.In view of the important regulating role of civil and commercial law in macroeconomic regulation and control,under the condition of incomplete competitive market,a macroeconomic control model is constructed based on the system of civil and commercial law,which is the basis of interest rate regulation and tax rate regulation.On the basis of this,the measures of regulating and controlling the influencing factors of civil and commercial law are introduced in order to give full play to the positive influence of the restriction of the legal system of civil and commercial law on the macroeconomic regulation and control of our country.Finally,from different perspectives,such as further perfecting the system of civil and commercial law,balancing the rights and obligations among market subjects,and strengthening the legislative mechanism of civil and commercial law,this paper puts forward some concrete measures to further improve the macroeconomic regulation and control system based on civil and commercial law,in order to give full play to the effect of the rule of law in the operation and management of market economy.