社会整体利益的法律维度——经济法基石范畴解读

Legal Protection of Whole Social Interest——Analysis of the Foundation Domain of Economic Law

社会整体利益是经济法的基石范畴。因其与个体利益、国家利益之间的复杂关联 ,在以往经济法学的研究中被严重“误读”。从法哲学维度对其进行重新解读 ,首先应当明确社会整体利益以个体利益的存在为前提 ,绝大多数社会主体共同的欲求即为社会整体利益 ,并且要将其与国家利益作严格区分。对东西方法治秩序的演化分别进行考察 ,可以发现两者的侧重点不同 ,因而各自的法律制度及其演化亦有差别。经济法所体现和维护的社会整体利益的实现 ,有赖于个体利益的最大化。

Whole social interest is the foundation domain of economic law which is always seriously misunderstood in the study of economic law as it has complicated association with both individual interest and state interest. The re-analysis of whole social interest from the perspective of legal philosophy should first focus on the clarification of the existence of whole social interest and individual interest. The common desire of most social subjects is whole social interest which should be clearly distinguished from state interest. To separately probe into the evolution of legal order between the East and the West, we can find that each has different emphasis, so do their legal system and evolution. The realization of whole social interest which is shown in and protected by economic law depends on the maximization, universality and continuity of individual interest as well as the construction of proper system.