对经济法若干基本理论问题的重新思考

作者认为经济法在法律定位上可定义为市场条件保障法 ,其性质属于社会法的范畴。其特点是在调整目标上具有明确性和单一性、调整内容上具有经济性、调整手段上具有多样性 ;在价值取向上经济法追求的是个体利益和社会利益平衡基础之上的社会利益至上。经济法的内容和体系主要应当包括市场条件保障法、市场行为矫正法、市场行为引导法和市场行为促进法。

A Retrospective Survey of Some Fundamentals in Economic Law

The author holds the viewpoint that the so-called economic law may be defined as "a guarantee law of market conditions" from the legal viewpoint, which, in its nature, belongs in a kind of social law and which has its obviousness and exclusiveness in the objective of readjustment, and which is characteristic of being economic in readjusting its content and has its variousness in the means of readjustment. As to the orientation of value, what the economic law is after is the superiority of the social interest on the basis of the equilibrium of individual interest and social interest. Thus both the content and the system conceived in the economic law should therefore include the following branch laws: the law of the guarantee of market conditions, law of rectifying the market behavior, law for the guidance of the market behavior and law for advancing the market behavior.