经济法基本原则的提炼

The Extract of Fundamental Principles from the Economic Law

经济法基本原则是经济法的基本范畴之一。从理论上讲,经济法的基本原则贯穿于经济法的始末,是对经济法的立法、执法、司法、守法具有普遍约束力的根本准则。对之提炼应当立足于经济法的调整对象、本质属性,体现其维护经济可持续发展和实现实质公平的价值观。在学理表述上,应当使其符合经济法的语境,以法律语言表述,使之具有自身的特性。有鉴于此,可以将经济法基本原则提炼为合法干预原则、合理干预原则和实质公平原则。

The fundamental principles belong to the elementary part of the economic law. They are theoretically the guides which function authoritatively through the whole process of the practice of the economic law in the areas of the legislation, administration and judicature. The extract of the fundamental principles should be based on the consideration of the essential quality of the subjects being adjusted in the economic law so as to present the idea of maintaining the sustainable economic development and social equality. Academically, these principles should be expressed with the legal language, being endowed with the legal spirit and conforming with the context of economic law. Consequently, the fundamental principles extracted from the economic law may be summarized as the principle of legal intervention, the principle of rational intervention, and the principle of essential justice.