经济法的“现代法”特征与实施困境

Economic Law's Modern Law Character and Difficulty of Implementation

社会经济结构的多元化使具有结构均衡功能的"现代法"应运而生。经济法作为"现代法"的代表,表现出内容更多标准性、法域归属交叉性、主体身份重叠性、调整方法多样性等特征。这在一定程度上给经济法造成了操作性降低、体系混乱、实施行政性、实施机构混合性等实施困境。可考虑从建立行政程序机制、社会实施机制和司法解决机制的路径予以解决。

The diversity of socio-eeonomie structure makes the modern law has structure of balanced functions come into being. As one of a modern law, econcmic law has many characteristics, such as more standard content, cross-vesting of jurisdiction, the main overlap of identity, and diversity of adjustment methods and so on. It causes the difficulties about the implementation of the economic law, for example, reduced operation, the system confusion, administrative implementation, the implementation organization mixing property operation and so on. It may he solved by establishing administration procedure mechanism, the social implementation mechanism and the judicial settlement mechanism.