经济法律责任社会性研究

Sociality of Economic Law Liability

经济法律责任的社会性,是指经济法律责任的设置、体系构建以及制度创设等基于社会公共性考虑,以维护社会整体利益为宗旨,兼容多种原则、制度而体现的一种整合性特征。主要体现在责任形式的综合性以及制裁方式的多样性,责任功能的多重性,责任保障制度与损失承担的社会化,强制力产生与强制程度的变化性,责任制度的创新与完善及其实现机制呈多元化趋势。经济法律责任应在构成要件的五个方面做出基于社会性的明显调整。

Sociality of economic law liability means economic law liability based on social public considerations in installing the liability, building the system and creating the rules. It reflects the integrated traits of varied principles, methods and systems according to the purpose of the whole social benefits. Sociality embodies the synthesis of the form of liability, the method of punishment and the function of liability. It also gives expression to the socialization of safeguard system and assuming loss, the variation of emergence and the extent of compulsion, the creation and perfection of its system, as well as the trend of plurality in its mechanism of realization. Economic law liability should be readjusted obviously concerning its 5 elements with social public considerations.