三论经济法与民商法关系

Again on the Relations between Economic Law and the Bodies of Civil and Commercial Law

:民商法和经济法作为规制市场交易和经济运行的互补互动的重要法律部门 ,是社会主义市场良性发展的重要制度保障。两个法律部门以市场的完善和协调发展为共同的立足点 ,相互之间存在许多共性和差异 ,充分认识其相同点和不同之处 ,对于健全我国经济法律制度 ,推动市场经济的稳定和高效运行具有重要意义。对二者之间关系的考察存在多个视角 ,而选取本质属性和价值取向为切入点 ,能够充分揭示问题的实质。此外 ,经济分析方法的运用 。

As mutually cooperative and supplementary legal branches stipulating transactions and economic function, civil and commercial law and economic law play an important role in securing the sound development of the socialist market . Taking the integrity and cooperative development of the market as their common basis, the two legal branches share lots of similarities and there are also some differences between them. The full understanding of the relations between the two legal branches is far-reaching to the improvement of the economic legal systems of our country, thus pushing forward the economic operation and keeping it stable and effective. There are several angles where the relations between the two legal branches can be analyzed, in which the basic characters and the legal values are the key points that can be employed to adequately disclose the nature of the problem, moreover, the use of the economic analysis as a method is an effective way of deepening the understanding of the relations.