摘要
就研究方法之一的词义解释方法距离揭示经济法本质甚远且存在着方法论上的局限。将经济法描述为“与经济相关的法律”并不能洞穿经济法的本质。在经济法研究中,将国家与市场视为主客体关系的思维范式与单向度的管制思维均需抑制,“立体型”与“交互式”才是国家与市场关系的真实反映,管制不能统领经济法的全部方法与机制。经济法是调整公共经济关系之法,其有别于调整私人经济关系的市民法。经济法的本质是公共经济法,但公共既可能是一种福利,也可能是一种危险,对公共的规制是经济法的主要任务。
There are various researching methods to expound the nature of Economic Law, but the semantic interpretation is far from discovering the nature of Economic Law and also has some methodology limitation. When Economic Law is described as the law concerning with economy, it cannot reveal the nature of Economic Law. In the studies of Economi Law, not only the thinking model should be restrained that considers the relation between state and market as the relation between the subject and the object, but also the one -way thinking should be constrained that state regulates market. The relation between state and market should be stereoscopic and interactive and regulation cannot cover all of the approaches and mechanisms of Economic Law. Economic law is the one that adjusts the public economic relationship, which is different from civil law that adjusts the private economic relationship. The nature of Economic Law is actually public. But public can either be a kind of welfare, or a kind of danger. Regulation on public is the major task of Economic Law.
出处
《政法论坛》
CSSCI
北大核心
2006年第3期18-28,共11页
Tribune of Political Science and Law
关键词
经济法
公共经济法
经济法本质
Economic Law
Public Economic Law
Nature of Economic Law
