论市场准入法的定位

Orientation of law of market access

市场准入是准许进入市场之意,它是国家通过设置一定的条件对市场主体及其生产的产品或提供的服务进出市场进行的管制。从性质上说,市场准入法是含有私法因素的公法,是实体法和程序法的有机结合体,市场准入法以主体法为主、行为法为辅。尽管市场准入法与民商法、行政法存在极为密切的联系,但从总体上说,市场准入法属于经济法的范畴,是经济法中市场规制法的重要组成部分。

The market access means the permission of entering the market. It is a kind of control on products and services of the market subjects in such issues as entering and going out of market by setting some conditions. Defining from the characteristics, law of market access has the features of public law while mixing some factors of private law. It is an organic body including substantial law and procedural law;it has a main part of law concerned with subjects in market while a miner part of law dealing with actions. In a word, the law of market access belongs to economic law and it is an important part of law that regulates the markets on the whole.