论经济法的激励功能

The Incentive Function of Economic Law

经济法的激励功能是国家干预与市场自由结合下的信息驱动力而在我国法律适用中,该功能兼备程序性与实体性、规则化与归属化、基础性与补正性特征,其促进市场自由、克服市场失灵等类型化表征需通过干预供给、制度指引、规则强化及价值认同等方式实现。但激励信息同时呈现非对称性、作用范围有限性及对法律责任的依赖性,尚需公平、秩序、公开等因素介入,以使经济法的激励功能发挥出最大功效。

Economic laws are state intervention in economy. It emphasizes the effectiveness of state intervention in the economy and the market value of freedom. With the development of legal system and application of legal norms, the state intervention concept of economic law reflects the form of incentive information. To the main market players, the incentive information of economic law affects the main market players＇ behavior choice, prompting them to create behavior patterns within the scope of participation in function and satisfy their performance requirements in market economy under the rule of law. Economic law is the inevitable product of market economy development. In the practice of state intervention in the economy, the economic law advances free markets and overcome the market failure with these two basic incentive functions, which effectively promote the healthy development of the economy.