论经济法的正义观

On the Justice Ideal of Economic Law

正义是人类社会的崇高理想和最高美德,而法律是体现和维护正义的重要工具。法律的制定和实施在某种程度上是人们追求正义的结果和手段,作为部门法的经济法也概莫能外。经济法所体现和追求的是一种实质性的正义观,是在与民法形式正义观的比较中而独立存在的,体现了对社会整体利益的维护和对弱势群体的特殊保护。任何法律的正义价值都应当有其实现机制,经济法的正义价值通过静态的立法确立和动态的执法司法维护得以实现。

Justice is a lofty ideal and the greatest virtue for human society and law plays an important role in the expression and maintenance of justice. The establishment and implementation of laws are, to a certain extent, results of and tools for man＇s pursuit of justice. This also applies to economic law, which is a kind of department law. Economic law represents a substantive justice ideal, which is independent compared with the formal justice ideal of civil law. It not only safeguards the overall interest of society but also protects the vulnerable groups in particular. As the value of any laws is achieved by certain mechanisms, the value of economic law can be achieved by establishment and enforcement of law.