在变革中发展深化的中国经济法学

The Science of Economic Law Developed in the Transformation

中国经济法学在发展历程中,经历了经济法的表面繁荣到相对沉寂。从各种学说林立众说纷纭,到渐趋一致基本赞同经济法调整市场竞争关系和宏观调控关系;从单纯关注经济法基础理论到注重实用性研究;从以前苏联为蓝本创建体系到立足中国市场体制和中国实践提出新的学说理论。但是在演进过程中,仍然存在一些危及经济法发展的倾向,如务实变成了惟实,厌恶甚至否弃经济法基础理论的研究;盛行引经据典之风反而销蚀了独立思考的能力;不规范的学术批评损害了经济法学术共同体的建立;固执和偏见阻碍经济法学科的建设;被补充的智识、被援引的方法和被转换的视角与经济法学本体结合不紧,还没有真正彻底地经济法学化。经济法具有突出的国别性和本土化特性,因此经济法研究应立足本国,自主创新,中国的本土资源能够促成中国经济法(学)自主发展。

The science of economic law in China has undergone a process from being superficial flourish to relative dreariness, from various theoretical opinions to gradually consistent approval of economic law regulating marketing competition relation and micro- regulating relation, from simply emphasizing the basic theories of economic law to attaching importance to practical research, and from the system based on the former Soviet Union to the new theories based on China＇s marketing system and practice. However, in the process of evolution, the following phenomena exist. There is still a tendency that threatens the development of economic law, such as attaching importance to practice becomes nothing but dealing with concrete matters, and the research on the basic theories is being disgusted and even abandoned. The prevailing practice of citing chapters and verses impairs the ability to think independently. The nonstandard academic criticism damages the establishment of the academic community of economic law. Obstinacy and prejudice hinders the building of the science of economic law. The supplemented knowledge, the invoked methods and the switched perspective are not closely connected with the noumenon of the science of economic law and they are not completely a part of the science of economic law. Economic law bears a strong character of nationality and localization, therefore, the study on economic law should be based on the local country, being creative and innovative. China＇ s local resources enable the self - development of the economic law of China.