改革开放40年经济行政法的路径依赖与帕累托优化

Path Dependence and Pareto Optimization of Economic Administrative Law in the 40 Years of Reform and Opening Up

在有计划的商品经济时代,因经济上仍然具有较强的计划性,经济法其实就相当于经济行政法。到社会主义法律体系建成时,经济法争取到了它的独立地位,而且学界基本将经济行政法认为是部门行政法。分析经济法学家对于经济行政法的研究,也许是受论战的激烈影响而不够理性,在一些最终结果不是很满意的路径上依旧选择了最初的观点,比如有“纵横统一论”、“权力本位”、“国家本位”。文章关于经济行政法路径依赖的分析,揭示出经济法实现帕累托优化的路径。

In the past 40 years of reform and opening up,economic administrative law has been accompanied by two major themes:the independent status of economic law and the debate of department law.In the era of planned commodity economy,economic law was equivalent to economic administrative law because it still had strong planning in economy.When the socialist legal system was established,the economic law finally gained its independent status through the continuous efforts of the economic law circle,and the academic circle basically regarded the economic administrative law as the departmental administrative law.We can find that economic jurists may be affected by the fierce debate and become reasonable enough,some even chose the original point of view,such as the“theory of vertical and horizontal unification”,“power standard”,“national standard”while they are still on the path to the final result.It is hoped that the analysis of economic law on the path dependence of economic administrative law could make economic law achieve Pareto optimization.