浅析民法、商法和经济法之功能契合——兼谈我国市场经济法律体系的完善

Simple Discussion on the Function Combination of Civil Law Commercial Law and Economic Law——To discuss the perfect of legal system under socialist economic market

经济法自其诞生之日起与传统的民法、商法在法律部门划分上产生了交叉和冲突。特别是上世纪80年代传入我国后,伴随着我国经济体制改革的进程,民法、商法和经济法三者的关系和各自的定位更是引起了学界的广泛关注。然而,由于在研究方法上始终存在着一些不尽如人意之处,对三者的研究一度陷入了停滞。文章致力于以三法的功能契合作为切入点,对三者关系进行研究,并对三法在我国市场经济法律体系中的位置进行新的界定。

Economic Law, traditional civil Law and commercial Law have some intererosses and conflicts in the partition of law branch as soon as economic Law generated. Economic Law was introduced to our country in 1980s. In company with the reform of economic system, the connection and orientation of the three attracted even wider attention. However, the research of the three has once got into stagnation because of the research methods. In the paper, I will take the function agreement of the three as a breakthrough, and carry through a study about the connection of the three. I will also give a new judgement about the orientation of the three in our legal system of the market economy.