中国经济法实施若干问题

Some Thoughts about the Implementation of China's Economic Law

中国经济法历经数十年的发展,已形成较为成熟的体系,但实施效果并不理想。由于涉及多元利益,且受到执法技术等多种因素的影响,经济法的实施变得非常复杂。中国经济法在实施中面临和存在着较多问题,如较高违法率和较低查处率并存;问题解决与矛盾转移并存;对执法机构的过度倚重,对来源于社会和市场的法律实施路径较为轻视;某些情形下的立法缺乏从实施角度的考虑。因此,应该从立法和实施两个层面进行制度变迁:经济立法应该反映执法机构的现实状况;提高经济法律的威慑力;运用信用体系促进市场主体自律;依赖非政府的力量实施法律。

The economic law of China has formed a relatively sophisticated system over decades of development, but the effect is not ideal. Due to the multiple interests, and influenced by multiple factors such as law enforcement techniques, the implementation process of economic law has become very complicated. There are many challenges in the implementation of economic law, such as the coexistence of high rate of law-breaking and low rate of being punished, problem solving and Conflict transferring, excessive reliance on the law enforcement agencies while ignoring the implementation approach from society and market, legislation to some degree lacking consideration of implementation. Therefore, we should conduct institutional change from the legislation and its implementation ： economic legislation should reflect the reality of law enforcement agencies, improve the legal deterrence of economic law, use of credit system to promote market self-discipline, and non-government path to enforce laws.