民法与经济法规范型构技术的路径分析

The Analysis of the Norm-Formalizing Road Technique in Civil Law and Economical Law

规范型构技术 ,是指规范生成的技术规程。我国对此问题的研究尚有待深入。笔者认为 ,规范型构技术有两种 :一为演进理性主义 ,一为建构理性主义。这两种技术与民法、经济法的规范型构具有相应的历史和逻辑一致性。民法与经济法规范型构技术的分野 ,为探寻两者的区别、界定各自的规定性提供了新的分析理路。

Norm-formalizing technique refers to the method about how it is born. We need to improve our research about this thing. I think there are two norm-formalizing techniques and the one is the rationalism that the norm will become naturally,the other is the rationalism that the norm will become by man's strength. These two kinds of technique are linked historically and logically with the norm-formalizing method of Civil Law and Economical Law. The differences of their norm-formalizing technique provide new road to distinguish and destine them.