法教义学的勃兴对经济法意味着什么

What Does the Flourishing of Dogmatics of Law Mean for Economic Law

作为一种源自西方的法学理论和方法,"法教义学"成了当下中国法学研究的热点话题,也导致了空前的争议。考察以往的成果后可以发现,经济法中的法教义学研究选择并采取了"抛开理论和体系、专注工具和方法"的学术策略。法教义学对于经济法的发展具有重要意义,但要真正发挥法教义学促进经济法发展的实际功用,则需要立足于经济法的部门法哲学范式,着力从经济法总论和经济法分论两个层面去推进经济法知识的教义学化。法教义学之困境和中国经济法学的现实决定了未来中国经济法学理想图景的建构不是在法教义学的基础上走向"单向度的规范法学"的立场,而应以探索"经济法是什么"为出发点,从而通往哲理化之路。

As a kind of western legal theory anti method, ＂dogmatics of law＂ has become a hot topic for the present Chinese jurisprudential study, leeading to the unprecedented disputes. Through the investigation of the previous results we find that the dogmatics of law study of economic law has adopted a ＂ putting aside the theory and system, focusing on the tools and methods＂ strategy. Dogmatics of law is of great significance to the development of economic law, but in order to really play the actual role of dogmatics of law to promote the development of economic law, we need a paradigm based on the economic law department of law philosophy, focusing on the general theory of economic law and concrete theory of economic law to promote the doctrine of economic. law knowledge. The dilemma of dogmatics of law and the reality of Chinese economic law determine that the construction of ideal prospect of Chinese economic law in the future shall not be a one-way ＂ regulatory law＂ on the basis of dogmatics of law, but shall be based on the exploration of ＂what is economie law＂ as the starting point to the road of philosophy.