市场经济法治:创新与挑战——以消费者保护为例

The Rule of Law concerning Market Economy:Innovations and Challenges——From the Perspective of Consumer Protection

中国当前的市场经济法治创新必须以科学建构体系化的善法为最终目标,坚持以消费者为本、以市场导向为用、以法律伦理为纲、以本土法律资源为体、以公平和效率兼顾为目的原则。加强对消费经济、消费者、消费权及其相关问题的研究,以此为起点构筑市场经济法治框架成为市场经济法治创新重要的着力点,新一轮市场经济法治创新需要重点考量消费者及其消费权的倾斜保护。目前来看,在发展消费经济的过程中,市场经济法治创新仍将受到多重因素的制约和挑战,其中包括消费体制和消费环境问题、消费能力问题、消费教育问题、法治现代化问题以及研究范式的转型问题等。

The innovations in the rule of law concerning market economy in current China should ultimately aim at the scientific construction of systematic good law and adhere to the principle stand taking consumers as the basis,market orientation as the application,legal ethics as the outline, local legal resources as the body, and the balance between equity and efficiency as the purpose.Deeper research of consumption economy, consumers, consumption rights and relevant is- sues ,and then the construction of the framework of the rule of law concerning market economy become the key focus of innovations in the rule of law concerning market economy. And a new round of innovations in the rule of law concerning market economy should place emphasis on con- sumers and the inclined protection of their consumption rights.At present,in the process of devel- oping consumption economy, the innovations in the rule of law concerning market economy still confront restrictions and challenges including consumption system and environment, consumption capabilities, consumption education, the modernization of the rule of law and the transformation of research paradigm.