经济法利益理论研究的思考

Thinking about the Research of Theory of Interest in Economic Law

经济法利益理论包括"社会本位论"和"利益均衡论",前者又分为"广义社会本位论"和"狭义社会本位论"。"广义社会本位论"与"利益均衡论"具有很大的相似性,二者都强调对各种利益的综合保护,而"狭义社会本位论"则强调经济法只维护社会利益。本文认为经济法是社会本位法的判断是准确的,但须警惕和反思"狭义社会本位论",并提出可以从本体论、价值论和方法论三个维度来建构和完善经济法的利益理论。

The theory of interest and economic law was constructed by two parts:'doctrine of social interest orientation'and'doctrine of equilibrium of interest'.'doctrine of social interest orientation'may be divided into'doctrine of social interest orientation in broad sense'and'doctrine of social interest orientation in narrow sense',and that the former,although different from'doctrine of equilibrium of interest'in exact form of expression,is similar in comprehensive protection of interests of various kinds,but the latter considered that economic law only protect social interest.This paper concludes that economic law is orientated as the law of social interest orientation is a proper location of economic law in legal system,but'doctrine of social interest orientation in narrow sense'need reflection,and pointed out that the theory of interest and economic law will be constructed from the perspective of ontology, value and methodology.