改革开放四十年经济法和经济法学的互动发展

Review and Outlook of Economic Law of China since the Reform and Opening-up

改革开放四十年,经过初创、发展和完善等阶段,经济法最终成为具有中国特色社会主义法律体系中一个组成部分,我国也由此成为世界上第一个由最高立法机关公开确认经济法的国家。与此同时,中国经济法学作为社会主义法学体系的一个分支学科也随之形成。中国经济法学是我国经济、政治、社会、法律和法学等特殊环境的产物,它以市场和政府关系法治化为主线,具有明显的时代特性和民族个性。学者应当结合新时代中国的市场经济和社会现实,运用新时代中国特色社会主义思想,充分学习和吸收各国先进的法学理论,通过不断的理论创新,实现中国经济法学的勃兴。

In the 40 years of the reform and Opening-up,economic law of China has experienced the stages of initial creation,development and improvement,becoming an integral part of the socialist legal system with Chinese characteristics.China has therefore been the first country that the highest legislature publicly recognizes the economic law.At the same time,the science of economic law has also formed as a branch of the socialist jurisprudence,and regarded as a product in specific environments of China’s economic,political,social,law,jurisprudence,etc.and following the rule of law on the relationship between the market and the government,thereby obviously showing contemporary features and national traits.With the rapid development of China’s economy and the rise of the Chinese nation,the science of economic law of China will eventually become an iconic discipline with the characteristics of the East and West after that of German and Japanese.Scholars ought to combine the thought on socialism with Chinese characteristics for a New Era with the market economy and social reality of China,and fully learn and absorb the advanced legal theories of other countries to conduct continuous theoretical innovation for the sake of the prosperity of the economic law.