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4 China-EU L.J. 1 (2015)

handle is hein.journals/caeulwj4 and id is 1 raw text is: China-EU Law J (2015) 4:1-9 DOI 10.1007/s12689-014-0048-6 Concepts of economic freedoms in China and the EU: a methodical approach Roland Broemel - Libin Xie Published online: 19 December 2014 © China-EU School of Law 2014 Abstract The constitutional framework of economic activities in China and the EU largely depend on their respective legal, economic and institutional context. This comparative research analyses specific fields, which point out the respective structures of protection. It is on this basis that the comparison reveals the methodical approach in which broad constitutional terms are concretized. In doing so, the comparsion depicts the functioning of underlying legal concepts and deduces approaches to frame economic activities by law. Keywords Legal concepts - Legal method - Property - Professional freedom Constitutional protection of economic activities Basic rights can affect the regulatory framework of economic activities. However, there is no right in existence in any jurisdiction that safeguards unrestricted market activities or guarantees market success. Especially The scope of constitutional protection is particularly unclear with regards to detriments or handicaps that are indirectly caused by sovereign interference, or changes to the regulatory framework. On the one hand, basic rights are restricted to particular aspects of market activities. On the other hand, the assessment of public interventions that affect market players indirectly without imposing specific measures depends on ambiguous criteria. Additionally, the scope of rights that are conferred by a national constitution depends on the respective context. This particularly applies to the protection of property, a position formed by national law. The scope of the constitutional R. Broemel (E) Faculty of Law, University of Hamburg, Rothenbaumchaussee 33, 20148 Hamburg, Germany e-mail: roland.broemel@uni-hamburg.de L. Xie Chinesisch-Deutsches Institut fur Rechtswissenschaft, China University of Political Science and Law, Xituchenglu 25, Haidian District, Beijing 100088, China e-mail: Libinxie@hotmail.de I Springer