Abstract:
The theory of economic law operation must clarify the issues in two core relationships: “government and market” and “central and local governance”. Organizational sociology can be used as a methodological framework to analyze the phenomena and their underlying causes in economic law operation. In terms of objectives, economic law can be categorized into laws that safeguard market operations and those that address market failures; in terms of instruments, it can be categorized into promotional and restrictive economic laws. The actual operational mechanism of economic law gives rise to distinct patterns of authority distribution, which, when combined with different categories of economic law, generate differentiated organizational structures. Taking fair distribution as the logical thread, developmental interest, risk prevention, and information transmission have emerged as key determinants shaping these organizational forms, leading to three primary operational modes: authority centralization, central-local coordination, and task-based bureaucracy. The theory of economic law operation should emphasize the institutionalization and procedural standardization of the formulation and implementation of economic law. The direction for improvement lies in establishing a dynamic continuum of balanced authority allocation, strengthening the rule of legal system, solving the key problems caused by excessive concentration or dispersion of authority, and constructing a coordinated operation system that combines unity and flexibility.