金融危机的经济法解析

Analysis to the Financial Crisis from the Perspective of Economic Law

对于全球性金融危机的发生、扩展和解决等重要问题,可以从经济法理论的视角进行解析。其中,金融危机的发生,是源于"两个失灵",它从消极方面体现了加强经济法调整的重要价值;金融危机的扩展,同国内与国外经济、实体与虚拟经济、内部与外部经济等多重二元结构直接相关,需要运用经济法进行"辨证施治";金融危机的解决,同样应当遵循经济法的三大基本原则,明晰相关主体的不同类型法律责任,并通过经济法的各个部门法的综合调整,来促进经济与社会的协调发展。

We can analyze the emergence, expansion, solutions and such important issues of the global financial crisis from the perspective of economic law theory. The emergence of the financial crisis stems from the ＂market failure＂ and the ＂government failure＂, which reflects the importance of strengthening the economic law adjustment. The expansion of the financial crisis directly related to the special ＂dual structure＂ in economic law, such as the domestic economy and foreign economy, the real economy and virtual economy, the internal economy and external economic. The solutions of the financial crisis also required to coincide with the three basic principles of economic law. As to the specific measures, we should set the different types of legal responsibilities according to types of related subjects and use the comprehensive adjustments of the various departments of economic Law. Only these measures were taken, the coordination of economic and social development can be achieved.