论经济法调整利益的价值基准

On value criteria for protection of interests of economic law

价值基准属于价值的范畴,我们应当依据主体间性的当代哲学观来认识它。经济法调整利益的价值基准是指在经济法领域中,贯穿于立法、执法和司法全过程,对各种利益调整时所遵循的评价标准。当下的价值基准的深层结构存在着"功利主义"与"正义原则"两种理念的对峙从而难以体系化,应当综合这两种理念建构新的价值基准。

Value Criteria belongs to the scope of value, which should be understood from the perspective of Intersubjectivity contemporary philosophy. Value criteria for protection of interest of economic law is considered as evaluation criteria, which should be followed strictly by economic law in stages of acknowledgement by legislation, guaranteed by law enforcement and maintained by judicature of interests. As there exists in value criteria for protection of interest of economic law a confrontation of principles between ＂utilitarianism＂ and ＂justice＂, a system of value criteria is so difficult to be constructed that a solution to this problem should entail a break-through in the conflict between ＂utilitarianism＂ and ＂justice＂.