经济法法律责任:语义、规范及其整体谱系——基于法律文本的实证分析

The Semantics,Norms and Pedigree of Legal Liabilities in Economic Law:An Empirical Analysis Based on Legal Texts

经济法法律责任是经济法主体违反经济法法律所应承担的不利后果,是经济法违法行为的代价与成本,是实施经济法的关键。对60部经济法法律进行考察,可以发现法律责任条款在其中的分布呈总体集中、少量分散状态,对其进行文本梳理与实证分析,可以基本洞明违法行为与法律责任形式这两大经济法法律责任的规范要件。经济法违法行为有列举式与集束式两种表述方式,总体上以集束式为主、列举式为补充。经济法违法行为可区分为作为式违法行为与不作为式违法行为。经济法法律责任形式可以从具体与抽象两个角度进行划分,经济法法律中的具体法律责任形式有28种,其中7种为新类型法律责任形式。经济法法律责任总体上呈现综合性及以财产责任为主导、与行为责任相结合的基本特征。就经济法法律责任的配置而言,需要根据经济法违法行为的社会危害程度,通过二次分配的方式实现经济法法律责任的有序组合,具体表现为以违法行为是否构成犯罪为界限,以行为主体的身份性质为补充,辅以时间、情节与行为人态度等因素,梯次配置相应的法律责任。

The legal liabilities in Economic Law are the adverse consequences undertaken by the subjects stated in Economic Law who violate the economic laws, and the cost that should be paid for the unlawful acts a- gainst the economic laws, which are critical for the administration of the economic laws. A survey of 60 eco- nomic laws reveals that the distribution of the legal liability clauses is centralized in most parts but scattered in a small amount. The analysis of these legal liability clauses may basically clarify two major norms as the unlaw- ful acts and the legal liabilities. The unlawful acts are both generalized, which is leading and enumerated, and supplementary. They are categorized into two types： actions and omissions. The legal liabilities can also be cat- egorized from both concrete and abstract perspectives. There are 28 kinds of concrete forms of legal liability in the 60 economic laws, seven of which are new ones. Generally, the legal liabilities in the economic laws are characterized with comprehensive liabilities and property liabilities as leading ones, and with behavioral liabil- ities in combination. In terms of allocation of the legal liabilities in the economic laws, it is necessary to a- chieve the orderly combination of the legal liabilities through the secondary distribution according to the degrees of their social harm, and corresponding allocation of the legal liabilities, particularly by considering whether the unlawful act constitutes a crime, and other factors such as the identity nature of the subject, the time, the un- lawful act and the attitude of the actor.