论宏观经济治理的法理基础

Discussion on the Legal Basis of Macro-economic Governance

社会主义市场经济本质上是法治经济,必须坚持法治思维、增强法治观念,依法调控和治理经济。近30年来关于宏观调控立法的讨论,一条主线是让“有形之手”更有效、有力,更规范、法治化。宏观调控升级到宏观经济治理都“体现在中央说话能够算数”,都要健全贯彻党中央重大决策部署督查问责机制,把“限权”和“赋权”统一在法治框架内。调控和治理的法治化离不开发展观的理论支撑,可从发生论、本体论、价值论、规范论、运行论等归纳。调控和治理要履行决策法定程序,确保尊规律、守规矩、得实效。从“严肃财经纪律”出发,监察法治体系和经济治理体系有一定耦合度,运用国家监察权制约宏观调控权有一定合理性,以监察法及其相关法律制度来健全完善经济治理有一定可行性,基本法立法进路值得深入讨论。

The socialist market economy is essentially an economy under the rule of law.It must adhere to the thinking of the rule of law, strengthen the concept of the rule of law, and regulate and manage the economy in accordance with the law.In the past 30 years of discussions on macro-control legislation, the main line is to make the “visible hand”more effective, powerful, standardized and governed by the rule of law. The upgrade from macro-control to macro-economic governance is“reflected in the fact that the central government’s words can count”.It is necessary to improve the supervision and accountability mechanism for the implementation of major decisions and deployments of the Central Committee of the Communist Party of China, and to unify“limitation of power”and“empowerment”within the framework of the rule of law.Economic control and governance under the rule of law is inseparable from the theoretical support of the concept of development, which can be summarized from the theory of generation, ontology, axiology, normative and operation.Economic control and governance shall follow legal procedures for decision-making to ensure that laws are respected, implemented and effective.Starting from“serious financial discipline”,there is certain degree of coupling between the supervision legal system and the economic governance system.It is reasonable to use the state supervision power to restrict the macro-control power.It is feasible to improve economic governance with the Supervision Law and its related legal systems, and the legislative approach of the Basic Law is worthy of in-depth discussion.