On May 11, 2019, an academic seminar named "Dialogue between Constitutional Law and Economic Law: Contemporary Mission of Economic Constitution" was successfully held in Wuhan, which was co-sponsored by the Institute of Constitutional Studies of the Chinese Law Society, the Institute of Economic Law of the Chinese Law Society and the Wuhan University School of Law to commemorate the 40th anniversary of the resumption of legal education in Wuhan University.

The opening ceremony was presided over by Professor Qin Qianhong. Professor Zhou Yezhong, vice president of the Institute of Constitutional Studies of the Chinese Law Society and Wuhan University expressed a warm welcome to the experts.

Professor Han Dayuan from Law School of Renmin University of China and professor Zhang Shouwen from Law School of Peking University conducted a "dialogue between constitution and economic law". Professor Han Dayuan first explained the background of the dialogue, believing that the concept of "economic constitution" contained Chinese characteristics. President Zhang Shouwen believed that the recent constitution had a distinct political character and embodied more revolutionary achievements, while the modern constitution had more economic attributes and emphasized the establishment of economic functions.

The conference was divided into three thematic modules for discussion.

The first round focused on the theme of "the relationship between constitution and economic law and the paradigm of economic constitution"

Professor Zhu Kongwu delivered a speech on "Constitutional Pursuit of Economic Justice". It mainly included the following five parts: first, inequality and economic growth; second, the interpretation of the ideological history of pursuing equality; third, the pursuit of equality in the classical constitution; fourth, the pursuit of equality in the modern constitution; fifth, the ongoing constitutional transformation.

The theme of professor Xie Libin's speech was "Constitutionalization of Economic Law", which was carried out from four parts: constitutionalization of law, wheather economic law needs to be constitutionalized, how to constitutionalize the economic law and economic legalization of constitutional Law.

 

Professor Xu Mengzhou gave a report on the theme of "Economic Constitution Idea and Top-level Design Scheme of Economic Law". The report was carried out from three aspects: "Economic Constitution is the Basic Law in the Economic Field", "What is the Idea of Economic Constitution", "Top-level Design of Economic Law within the Framework of Economic Constitution".

Professor Shan Feiyue interpreted the connotation of economic constitution from three dimensions: methodology, axiology and normative theory.

The theme of professor Yang Song's Speech was "Constitutional Supply for the Development of Financial Rule of Law".

In the discussion of this unit, professor Wang Qinglin proposed to further clarify the respective scope of the constitutional and the economic law, so as to make the dialogue between the constitution and the economic Law more pertinent.

The second round focused on "Economic Regulations and Constitutional Review".

Professor Li Yougen gave a speech on "Constitutionality Review and Standards of Economic Laws and Regulations". He believed that there should be strict restrictive conditions for unconstitutional review.

 

Professor Wang Shitao made a speech on the topic of "Local Debt Crisis from the Perspective of Constitution". He put forward that the fundamental principle of dealing with local debt crisis was to safeguard people's livelihood.

Professor Wang Kai made a speech on the topic "What is regulation: based on the comparison of America and Germany"

 

Professor Chen Zheng made a speech on the topic of compensation and social obligations in property rights.

Professor Xue Kepeng made a speech on the topic of "Constructing an Economic Law that is in harmony with the Constitution".

Professor Sun Jin made a speech on the topic of "Constitutionality Review Mechanism of Economic Constitution". He pointed out that the task of the economic constitution of western countries was different from that of our country. Our economic constitution tended to solve the problems of economic freedom and fairness.

 

In the discussion of this unit, Professor Lin Yan pointed out that the United States had a strong market before it had a strong government, and China's market was established and nurtured under the leadership of the government. Professor Sun Daxiong thought that there were still many problems in the paradigm of economic constitution, which needed further clarification. Professor Ning Lizhi believed that the scope and boundaries of economic law and constitution deserved to be questioned.

 

The third round focused on "Ownership Norms and Economic Provisions in the Constitution".

 

Professor Gu Gongyun pointed out that state-owned enterprises should play a dominant role in the important industries and fields related to the lifeline of the national economy, but we should pay attention to the problem of serious shortage of public goods

Professor Wang Guanghui made a constitutional analysis on the public ownership. He thought that the economic system in the Constitution included three parts: the economic power of the state, the basic economic rights of citizens and the basic economic policy of the state.

Professor Li Zhongxia analyzed the political, legal and economic relations from the perspective of structural coupling, and concluded the progressive constitutional normative system.

 

Professor Wang Xu pointed out some problems in the interpretation of the current constitutional economic provisions, including the difficulties in the interpretation and construction of concepts, the difficulties in the unity and balance of the internal value order.

Professor Zhang Rongfang introduced the topic of deprivation of pension claim right after the " discharged from public employment" of public officials.

Professor Yuan Dasong, taking the strong power conferred by the state emergency economic clauses as an example, revealed the tremendous impact of the state emergency economic clauses on economic development and national destiny.

In the discussion of this unit, Professor Chen Yanguang put forward two suggestions: first, there was still much room for scholars of economic law and constitution to respond to such realistic problems as "financing dilemma of private enterprises"; second, the dialogue between economic law and constitution could provide intellectual resources for the government. Professor Qin Xiaojian believed that the goal of "prosperity and strength" stipulated by the constitution is the basis for the dialogue between constitutional science and economic law. Professor Yu Zhuhong thought that many problems in labor law were essentially related to the understanding and implementation of the constitution.

The closing ceremony of the conference was chaired by professor Xiong Wei.Professor Liu Maolin said that this conference had set up a logical platform for dialogue between economic law and constitution. Professor Wang Quanxing thought that the problem of this conference was how to solve all kinds of economic problems that our country encountered at present and in the future by constitution and economic law.

 

This meeting focused on the important and realistic proposition named "the contemporary mission of the economic constitution". It demonstrated the responsibility and sincere feelings of the constitutional science and economic law which jointly promoted the construction of economic rule of Law.

Edited by Su Yi & Wu Liuqing