试论经济法责任之独立

On Independence of the Responsibility of the Economic Law

为了弥补传统部门法解决社会问题的无力,作为经济法逻辑内容的经济法责任的独立是必不可少的。法学界对于经济法责任的独立并没有达成共识,但历史的选择和维护社会公共利益的需要证成了经济法责任的独立。现行经济法规范中散落有许多不同于传统民法、行政法、刑法等法律责任的责任形式,对认识经济法责任的独立造成了纷扰。对经济法责任进行狭义界定,限定确立原则,同时严格的限制经济法责任是一种法定责任,无疑是解决目前经济法责任天马行空而又根基不牢问题,确立其独立性的尝试性路径。

To make up for the traditional sectors Act inability to solve social problems,as the logic contents of economic law,inde-pendence of economic law responsibility is essential.Jurisprudence did not reach consensus on the independent of the economic law responsibility,But historical selection and maintenance of social and public interests have proved the independent of the Economic Law responsibility.There are many scattered specification responsibility forms differing from traditional civil law,administrative law, criminal law in the existing economic laws,causing turbulence to understand the independent of the economic law responsibility.To narrowly defined responsibilities of the Economic Law and establish the principle of limited and strict provid that the economic law responsibility is a statutory duty are some ways to resolve the issues that the foundation is not strong in economic law and attempts to establish its the economical law responsibility independence of the path.