经济法词义解释与理论研究的重心

经济法一词本身有多种理解,其最基本的含义就是与经济相关的法。经济法基础理论研究长期致力于构建所谓经济法学科体系,探求与民商法、行政法不同的所谓经济法特有的范畴、方法和原则,以图证明经济法的独立性的研究路径是错误的。现实社会生活中,政府对经济和市场的干预是通过一定形式的法律规则来实现的,政府对经济活动管制的程度往往会使经济法律规则呈现出不同的特征。中国社会转型期存在许多经济法重点、难点和焦点问题,这些问题急待经济法学者去研究和解决,我们应把研究重点放在具体的法律问题和法律规则上来。就改革方向而言,经济法研究将是从“高管制度经济法”到“中管制度经济法”,最后到“低管制度经济法”演变的过程。

The Interpretation of Economic Law and Barycenter of its Theoretical Research

The term of economic law can be interpreted in different ways,one of which is to interpret economic law as law related to economy.The research on basic theory of economic law has long been focusing on framing the so-called economic law system as a theoretical subject and attempting to find its category,methodology as well as principles,which are specific to economic law and distinguish economic law itself from civil and commercial law as well as administrative law.However,this research method is disoriented.In real social life,the intervention wielded by government toward economy and market is realized through promulgating laws and rules in certain form,while at the same time the degree of intervention exerted by government toward economic activities features different economic law.During the social transformation period,there are many important,difficult and focal issues need to be dealt with by scholars in economic discipline,which necessitates attention paid to and research conducted upon these specific legal issues.The reform orientation of the research in the future shall gradually be from strong regulation to moderate regulation and ultimately to the weak regulation.