2022英文paper埃克塞特大学University of Exeter:如何运用经济法平衡市场失灵与政府失灵
First, from the economic law of market failure and government failure to see the relationship第一、从经济法的产生看市场失灵与政府失灵的关系
In the developed countries of the Western capitalist stage of free competition, was undoubtedly the most famous masterpiece economic theories of Adam Smith's Wealth of Nations, Adam Smith made liberal economic model, that human economic activity is the main motivation for seeking personal interest, but in the pursuit of personal interests will also be holding an invisible hand, did not originally intend to realize a goal to be achieved, and ultimately will promote the interests of society. His most famous view is the "invisible hand" of this period, the state's role is confined to the role of night watchman, mainly in the political-administrative and legal aspects of functioning, does not directly intervene in the economy of operation, maintenance of social order can only be executed protection of citizens' rights and foreign defense invasions function to promote free competition in the development of productive forces of capitalism. Its main manifestations are: the major capitalist countries from the developed to the monopoly stage of free competition, monopoly produces severely restricted the market mechanism into full play, distorting the market economy based on the existence and development – competition mechanism and the price mechanism, market failure, also led to the disparity and polarization, which seriously damaged the enthusiasm and creativity of workers, to the detriment of society as a whole efficiency, but also caused economic instability, social unrest and political instability. To reverse this situation, Keynes proposed the use of government must be "visible hardening" measures to strengthen national intervention in the economy.20 In the 1970s, Western countries into stagflation stage of economic development in the general price level inflation rose sharply while unemployment also increased government intervention which makes people lose confidence in the effectiveness of regulation Keynesian shaken the foundation of government failure theory came into being. Since Keynesian "visible hand" failure Keynes theory of government intervention in crisis, Britain and other countries in the emergence of a new liberal school. Neoliberals have advocated in full on the basis of economic freedom limited degree of government intervention that the government was "pitch referee" role, they are against the government failure to actively promote free enterprise system, to allow the market mechanism to emphasize once again become the basic economic operation adjustment mechanism, strengthen the role of the market.在西方发达发达国家的自由竞争的资本主义阶段，最著名的经济理论代表作当属亚当.斯密的国富论，亚当.斯密提出自由主义经济模式，认为人类经济活动的主要动机就是谋求个人的利益，但在追求个人利益的同时会被一只看不见的手牵着，去实现一种原本无意要实现的目的，最终会促进社会利益。他最著名的观点就是“看不见的手”这一时期，国家的职能被局限在守夜人的角色，主要在政治行政和法制方面发挥职能，不直接干预经济的运行，只能执行维护社会秩序保护公民权利和对外防御外敌入侵的功能自由竞争促进了资本主义生产力的发展。
Second, market failures and how to correct market failures Lawhttp://www.ukassignment.org/mbaessay/The main reason for market failure can be attributed to three kinds, first, asymmetric information. With the rapid development of productive forces, people in a free competitive market, in order to facilitate their trading occasions in bargaining with the other party to pursue their best interests, as much as possible to conceal and deceive consumers. Resulting in a market transaction can not achieve mutual benefit. Second, the monopoly power. The basic reason is that the monopoly barriers to entry: the monopolist in its market to maintain a unique selling position, because other companies can enter the market and compete with, the barriers to entry have three main sources: one, an enterprise owned by a key resource ; 2, the Government has given a firm lead with the manner of production of a product or service right; 3, the cost of production so that a large number of producers to be more efficient than the producer. Third, externalities. Externality refers to certain individuals or corporate influence the economic behavior of other people or businesses, but not whom should bear the cost or did not get their due reward phenomenon. Or that externalities is not to be reflected in the price of economic transaction costs or benefits.20世纪70年代，西方各国经济发展进入滞涨阶段通货膨胀加剧在物价总水平急剧上升的同时失业也大量增加这使得人们对政府干预调节的功效失去了信心动摇了凯恩斯主义的基础，政府失灵理论应运而生。由于凯恩斯主义的“看得见的手”失效，凯恩斯的政府干预理论陷入危机，在英美等国家出现了新自由主义学派
In order to effectively redress and remedy market failures, we must continue to strengthen legislation to economic function in a market economy under the conditions of its legislative functions of the main three: First, improve the efficiency of functions, mainly to limit monopoly correcting externalities provide public products in three areas; second is to promote macroeconomic stability and growth, mainly reflected in the governance of unemployment on inflation and economic imbalances; three functions is to promote equality, reflected in the equitable redistribution of income.
Third, government failure causes and how to overcome government failure Law
1, certain government intervention less efficient. Government's monopoly on the supply of public goods, the lack of competition, lack of government agencies and officials of organizations like the concept of cost-benefit and customer awareness, coupled with the difficulties of evaluation of public goods, social lax supervision of government, making the government to provide public goods often inefficient. 2, the lack of sufficient government intervention information and capacity (information asymmetry). Even in the face highly uncertain external environment and diverse demand preference, government organizations would still be able to control exactly the message that the nature of the problem to master a variety, known cause of the problem, understand the various citizens preference; Government is fully able to represent the will and interests of the citizens to the exercise of the right to social management, authoritative allocation of social resources. 3, the fairness of government intervention is not inevitable. A prerequisite for government intervention is that it should serve as the incarnation of the public interest for the operation of the market for the regulation of impartiality, but in reality the government does not so noble, self-interest rather than government agencies to seek public interest within the so-called "intrinsic effect" phenomenon In capitalist countries, "dollar" has a thoroughly political performance.With a means of improving economic law the government's macro-control functions, to avoid government regulation policy lag and uncertainty. Competition mechanism will be further introduced into the government's public service sector which put the government into a competitive monopolistic government to improve the behavior of the government to provide public goods, quality and efficiency. In the government's intervention policy, training and development of social intermediary organizations.Fourth, the importance of economic lawWe must further emphasize state intervention in economic law as the main function of the law, and all the means to overcome the failure of government intervention are for the Law was to play better intervention in economic life services for this purpose. Economic law is in a capitalist society, in order to "State of the hand" (instead of "invisible hand") to meet various economic in nature, namely the development of social coordination requirements of the law. That is mainly in order to society in a coordinated manner to resolve the economic cycle contradictions and difficulties arising from the laws. This shows that economic law is to overcome the market failure of the law, practice and theory of market failure is to generate economic law and the basis for their existence. In addition, state intervention in economic law as a guarantee of the law, on the one hand, economic law for the acts of state intervention in the economy authorization and security, is to empower the law; the other hand, we know that government intervention in national economic relations will exist no in accordance with statutory authority and procedures duties, such as abuse of economic powers and rent-seeking and other illegal activities. At this point, Law also plays a breach of the statutory limitation of government powers and procedures of the exercise of economic powers role, so it seems, economic law or limit the right of the law, so that the practice and theory of government failure enhances the necessity of the existence of economic law . This sense of economic law can be seen as correcting market failure and government failure of the law, the law is a double correction.