摘要
现有关于经济法本质的讨论基本建立在实在法基础之上。单纯从实在法角度探讨经济法的本质,无法从根本上回答关于经济法存在与否的三个最基本问题,即经济法是否独立成为部门法、经济法是什么以及经济法属于公法、私法还是社会法。因此有必要从自然法的视角重新审视经济法的本质。由此得出的结论是:法律部门的概念只是实在法的概念,与经济法的本质无关;经济法可界定为是基于人性而产生的确定性的经济管理社会关系,它建立在自然法基础上,而非建立在实在法基础上;经济法无所谓公法、私法或社会法,因为公法、私法和社会法的划分属实在法范畴,不反映法的本质。
Almost all of the existing debates regarding the essence of economic law are based on the view of positive law. However, discussing the essence of economic law solely from the angle of positive law would not substantially solve such problems as whether economic law is one of the independent law departments, what economic law is and that economic law falls within what categories of law such as public law, private law and social law. Therefore, a reconsideration of the essence of economic law from the view of natural law becomes necessary, and the conclusion would be addressed as follews： first, the concept of law department is a concept of positive law, and has no connection to the essence of economic law; second, economic law can be defined as a social relationship resulting from certain regulation of economy which is based on human nature, and it relies on natural law rather than positive law; third, the division of public law, private law and social law is likewise a method of positive law, which does not reflect the nature of law.
出处
《四川教育学院学报》
2009年第1期9-10,共2页
Journal of Sichuan College of Education
关键词
自然法
实在法
本质
物化
natural law
positive law
essence
transformation
