地方政府、国家法院与市场建设——美国经验与中国改革

Local Governments,National Courts,and Market Development:American Historical Lessons and China's Future Reform

地方分权具有两面性,体现在地方政府对待本地企业和地方市场的"帮助之手"和对待外地企业和国内统一市场的"攫取之手"。在保证分权激励地方政府改善本地市场环境的同时,应当通过司法的中央集权来着重解决外地企业"进入"本地市场的机制,和当发生跨地贸易纠纷时当事人有规避地方保护主义的"表达"渠道。我们通过对19世纪美国市场建设的历史经验来论证上述理论问题,并阐释其对当代中国改革的现实意义。

This paper reflects the concept of ＂Market-Preserving Federalism＂ through scrutinizing the development of American markets in the 19th century. We highlght two sides of the impact of local competition on market development. On one hand, competition have had contributed to the liberalization of state regulatory policies and helped the development of American local markets. However, jurisdictional competition also stands in the way of establishing a healthy national common market. During the early stage of American market development, the national market was not safeguarded until the federal government nationalized American business law through centralizing judicial powers over market development. These American historical lessons might help us reconsider the relationship between intergovernmental framework and economic development in contemporary China and develop reforming polices accordingly.