论我国财政补贴的经济法规制

On Regulation of Financial Subsidies in China from Economic Law Perspective

我国财政补贴存在支出缺乏有效约束、影响国内公平竞争秩序等共性问题,也有具体补贴的个性问题。经济法有必要从控制补贴支出和规制政府反竞争行为不同层面、从约束财政支出公平和规范具体补贴不同层级规制财政补贴。完善财政补贴的经济法规制,需要推动财政补贴的清理整治,完善《宪法》、制定《公共财政支出法》,完善《预算法》,建立竞争性评估制度,完善违宪审查机制。

Financial subsidies in China are lack of effective constraints, which have common problems such as affecting domestic fair competition order, and also have the character of the specific subsidies. It is necessary for the economic law to control government subsidies and regulate the anti-competitive behavior of different levels from the constraint of fiscal expenditure fair regulation at different levels. In order to perfect the regulation of the financial subsidies from the economic law perspective, we need to promote the clean-up work of fiscal subsidies, perfect The Constitution, formulate The Expenditure of Public Finance Law, perfect The Budget Law, establish competitive evaluation system and improve the unconstitutional review mechanism.