论经济法功能的二重性

The Dual Character of the Functions of Economic Law

随着对市场经济背景下政府和市场的关系的认识由对"市场失灵"的单向关注转向对"市场失灵"和"政府失灵"的双向关注,经济法的功能也应当从单纯的授予政府经济职权向授权和控权双重功能转变,特别是基于我国从计划经济体制转轨而来的市场经济的特定国情,经济法较之西方国家经济法所承担的功能也具有一定的特殊性,应当特别注重从干预目标、干预范围、干预法定、干预程度等多方面来界定政府干预权行使的界限。

Under the background of market economy,the knowledge of the relation between the government and the market has changed from concern about the market failure only to that about both market failure and government failure.The function of the economic law should also be transformed from authorizing the government the economic terms to authorizing and controlling,especially based on our country＇s special conditions of market economy,which is transformed from planned economy.Compared with the function of economic law in western countries,our country＇s economic law has some specificity.It should define the limits of the government intervention in the right from several aspects,such as intervention targets,intervention areas,statutory intervention,the degree of intervention and so on.