调控性民事权利研究——以食品业竞争秩序的经济法调控为例

Study the Macro-Control Civil Rights——In the food industry competition order of economic law regulation for example

法律是法治社会制造与规范权利的母体。从事经济活动的民事权利经由经济法的再规范上升为调控性民事权利。该调控性民事权利,是以公平竞争、协调有序的经济秩序为目的的、以经济法的强制形式直接形构的平等主体之间的权利。该权利在配置目的、配置方式、权利性质等方面都有别于民法民事权利,因而,其司法救济过程也应该在法律责任的确立、救济程序、救济渠道等方面有别于民法民事权利的救济。

Law is the origin of fights of manufacturing and specification of the rule of law society. Engaged in economic activities through economic law for civil rights and rising specification for control of civil rights. The regulation of civil rights, is the fair competition, coordination and orderly economic order, for the purpose of economic law mandatory form directly to the rights of equality between the main body of the formation. The fights in the configuration in such aspects as purpose, configuration mode, rights of property is different from the civil law of civil rights, Therefore, the judicial remedy procedure should also be in the establishment of the legal responsibility and relief procedure, relief channels is different from the civil law of civil rights relief, purpose, configuration mode, fights of property is different from the civil law of civil rights.