中国经济法治的问题及其改进方向

The Problems and Improvement Direction of China's Economic Rule of Law

中国的经济法治在整个法治体系中日益重要,但存在突出的"刚性不足"问题,并由此形成了"柔性法治"的特色。对"柔性法治"的认识需一分为二,应正视其在经济和法治等领域的积极作用和消极影响,从而扬长避短,适度增强法治的刚性,这是中国经济法治的改进方向。中国未来的经济法治应当宽严结合、刚柔并济,以充分保障各类市场主体的经济自由,并使其通过公平竞争而各得其所;同时,还应统分结合,激励相容,以切实保障各类公共物品的供给,实现整个经济和社会的良性运行和协调发展。

China＇s economic rule of law is becoming more and more important in the whole system of the rule of law,but has a problem of ＂insufficient rigidity＂,which hence has formed the characteristics of ＂flexible rule of law＂. The understanding of ＂flexible rule of law＂ needs to be divided into two parts,and should face its positive and negative effects in the fields of economy and the rule of law. Then,we can make good use of the advantages of ＂flexible rule of law＂,and enhance rigidity of the rule of law moderately,which is the improvement direction of China＇s economic rule of law.Chinese future economic law should combine lenience and strictness and couple hardness with softness,to fully guarantee the economic freedomofall kinds of market subjects,and make them play their proper rolethrough fair competition; and meanwhile form a style of the combination of centralization and decentralization,achieve incentive compatibility,effectively ensure adequate supply of all kindsof public goods,and realize benign operation and coordinated development of the whole economy and society.