论民法与经济法的共存与互动——基于法律与利益关系的分析思路

On the Coexistence and Interaction between Civil Law and Economic Law——Based on the Relation between Law and Interest

法律与利益具有天然联系,利益决定法律,法律又反作用于利益。基于法律与利益关系的分析思路,就民法与经济法的关系而言,民法是权利本位法,以个人利益(私人利益)为其法益目标,对个人利益(私人利益)进行优位保护;而经济法则是社会本位法,以社会公共利益为其法益目标,以社会公共利益保护为己任。不同的法益目标是民法与经济法共存的基础,而民法与经济法的互动则有助于利益平衡目标的实现。

There is a natural relation between law and interest. Interest determines law, on the other hand, law retroacts interest. In terms of Civil Law and Economic Law, Civil Law is the rights-based law, taking individual interest as its interest aim,and protecting individual interest in priority. While Economic Law is the society-based law, taking social interest as its interest aim, and protecting public interest as its own task. Different legal interest aim is the foundation of their coexistence, and their interaction makes for the realization of the interest balance aim.