论市场经济条件下法与伦理的特性

On Characteristics of Law and Ethics under Circumstances of Market Economy

本文认为，市场经济作为法制经济，其法的特性及伦理特性都深蕴于市场经济的交互主体及其体现的等价交换原则之中，因而必然出现以诚信为核心的道德世界和对诚信（契约）经济起保护作用的市场经济的法；对于个体主体权利的尊重是等价交换原则的伦理基石，而同样是这一点，奠定了现代法的意识的基点；同时，市场经济的伦理基础在于对普遍主体的尊重以及对特殊利益（自我利益）的合理性的社会承认。

Abstract The author maintains that with the transition from planned economy to market economy, the latter being one through legal processes, it is necessary that we reconsider the issues of law and ethics whose characteristics are reflected in principles of alternative subjectivity and exchange at equal value. Traditionally the power of law and ethics rests with the family and the society in which duties are over-emphasized and rights of individuals eliminated. However, in market economy mutual acknowledgement and mutual respect is a pre-requisite. Therefore, there arise concepts of ethics that value honesty and trust and system of law that protects the economy of honesty and trust. The principle of exchange at equal value rests on respect of individual rights. And it is on the same basis that the modern law system is formed. The modern law is subject to the relevant economic system, and the ethics belongs to the economic system in which it is found. Likewise, the ethical basis of market economy lies in recognition of respect in general and special benefits in particular, which consists of basic values of economic and social lives.