经济法中的国家干预——基于法律文本的实证考察

On the State Intervention in Economic Law: From the Perspective of an Empirical Analysis on the Legal Texts

典型的经济法的法律文本显示,在经济法的立法中,遵循了国家干预的内在逻辑,在干预主体、干预目标、干预方法、干预边界以及干预责任五个方面都有相当数量的法律规定,这些法律规定不仅客观地证成了经济法是国家干预经济的基本法律形式,还揭示了经济法的国家干预是一种尊重市场机制的干预。虽然经济法的国家干预还存在一些需要完善的地方,但已成为经济法区别于其他法律的重要标志,也是经济法成为中国特色社会主义法律体系中独立法律部门的重要原因。

As it is demonstrated in the typical legal texts of economic law, the internal logic of state intervention is adhered to in the process of the economic law-making. There are a considerable number of legal provisions on the subjects of state intervention, its target, methods, the verge as well as responsibilities, which not only demonstrate objectively that economic law is the basic legal form of state intervention, but that the state intervention in economic law is an intervention respecting market mechanism. The state intervention, although in need of some improvement, has been a symbol distinguished the economic law from other laws and also an important reason for economic law to be an independent legal branch of socialist system of laws with Chinese characteristics.