经济法的价值理念和基本原则

On the Ideas, Values and Basic Principles of Economic Law

目前一些关于经济法理念、价值以及基本原则的讨论,除了语言表述上的差异外,内涵上也有很大不同。笔者认为,经济法的价值并不能脱离法律价值之公平、秩序、自由的范畴,但必须具有其独特的解释;而经济法的基本原则则应当回应和体现其对法律价值解释的意义。本文试图梳理经济法价值理念与基本原则的关系,并将经济法的基本原则表述为:适度干预原则、公共利益原则、合理竞争原则、弱者保护原则。

Nowadays, one can find that some scholars have controversies over not only the expression of language but also the connotation of the ideas, values and basic principles of economic law. Their relevant works are. The Values, Ideas and Principles of Economic Law, by QI Duo-jun, A Collection of Essays of Economic Law, China Legal System Press, Sept. 2004; On the Ideas of Economic Law, co-authored by SHI Ji-chun, LI Qing-shan, Research of Leading Problems of Economic Law, China Prosecution Publishing House, Jun. 2004; New Thoughts of the Basic Principles of Economic Law, by LU Li, Modern Science of Law, 5/2000 ; Reconstructing the Theory of Economic Law, by ZHANG Shou-wen, People＇s Publishing House, Apr. 2004 ; Free Competition and Maintenance of Order, by QIU Ben, China University of Political Science and Law Publishing House, Sept. 2001; An Analysis of the Ideas and Areas of Economic Law, by SHAN Fei-yue, China Prosecution Publishing House, 2002 ; Basic Principles of Economic Law, by LI Chang-qi, Probe for the Reality of Economic Law, Sept, 2003 ; etc. In this author＇s idea, the values of economic law cannot be isolated from the legal values of justice, order and liberty, but it should bear in mind its unique meanings. And the basic principles of economic should respond to and embody these meanings. Thus, this author concludes that the basic principles of economic law include： proper interference, public interests, rational competition and protection of the weak.