论经济新常态背景下经济法综合立法的发展

On the Development of Synthetic Legislation of Economic Law under the Background of Economic New Normal

时下,经济法立法中存在着阻滞综合立法发展趋势的"碎片化"现象,该问题已经引致了经济法实践和理论层面的困境。为克服此困境,经济法立法应立足于经济新常态背景下综合立法的发展趋势,把握全面依法治国为促进经济法立法的"体系化"提供的机遇。在此过程中,经济法综合立法将实现从各子部门法的小综合到《经济法纲要》的大综合,从囿于经济领域硬法的制定到经济领域的硬法与软法协同发展,从经济法律体系到经济法治体系的演进,从实践中的综合立法到理论上的综合立法的跃升。

At present, there is a ＂fragmentation＂ phenomenon in the legislation of economic law, which has caused the dilemma in the practical and theoretical fields of economic law. To overcome this dilemma, legislation of economic law should be based on the development trend of synthetic legislation in the context of economic new normalcy, and grasp the opportunity of the ＂system＂ of eco- nomic law legislation in the process of comprehensive rule of law. In the process, synthetic legislation of economic law will achieve the following developments, i.e. developing from the synthetic part of sub sectors to the whole synthetic Outline of Economic Law , from legislation of hard law to the common development of hard law and soft law, from legal system to system of rule of law, from practical synthetic legislation to theoretical synthetic legislation in the field of Economic Law.