宏观调控行为法律责任的认定与归结初探

宏观调控行为的法律责任归属于经济法责任,在经济法理论研究和制度建设中占有十分重要的地位,其归责原则应以违法归责原则为主,过错责任原则为辅.一般情况下宏观调控行为的法律责任由责任主体、违法行为、行为人主观上有过错、有损害事实和违法行为与损害事实之间的因果关系五个要件构成,应加强宏观调控行为的法律责任形态和实现方式的研究.

On the Investigation and Affix of the Legal Responsibility of Macro-control Conduct

The legal responsibility of macro-control conduct belongs to the economic legal responsibility. It plays an important role in the study of economic legal theory and the construction of economic legal system. Its doctrine of liability fixation takes the principle of malfeasance as the primary principle and the doctrine of liability for wrongs as supplement. In general, the legal responsibility of macro-control conduct is composed by subject of responsibility, delict, fault, loss and causal relationship between delict and loss. We should strengthen the study of forms and methods of realization of the legal responsibility of macro-control conduct.