民法典时代经济法规制理念的创新

Innovation of Economic Law Regulation Concept in the Civil Code Era

作为市民社会的基本法,《民法典》的出台必然会给其所在的法律系统及受法律规制的社会带来全方位的影响,包括民法调整领域的基本确定、个人本位与社会本位的调和以及私人权利对政府权力的约束等。这对以市场经济为规制对象、以政府为规制主体、坚持社会本位的经济法规制提出了新的理论要求。《民法典》形塑的“民法国家“”社会本位”和“市场主体”观念,蕴含着协同规制、服务规制和有限规制的理念,这要求经济法规制应当以保障新型协同关系为价值准星,以服务社会契约法益为终极追求,以克制政府权力滥用为“底线道德”。为应对规制目标、价值取向和规制原则上的新要求,经济法规制首先要在规制理念上有所创新,树立起在风险社会中多元主体共担责任、共同治理,但又各负其责且有一套理性构建的法律制度为保证的规制理念。如此,经济法规制才能在民法典时代更好地促进经济法宗旨的实现,从而使社会契约法益最大化。

As the basic law of the civil society, the promulgation of Civil Code of the People’s Republic of China will inevitably bring about a comprehensive impact on the legal system where it is located and the society regulated by the law, including the basic determination of the field of civil law adjustment, the reconciliation of individual and social standards, and the constraints of private rights on government power. This puts forward new theoretical requirements for the regulation of economic laws that takes the market economy as the object of regulation, the government as the main body of regulation, and adheres to the social standard. The concepts of "civil law state", "social standard" and "market subject" formed by Civil Code contain the concepts of coordinated regulation, service regulation and limited regulation, which require that the regulation of economic law must take protecting the new collaborative relationship as the accurate value orientation, serving the legal interests of social contract as the ultimate pursuit, and restraining the government power as the“minimum ethics”. In order to meet the new requirements of the target, value orientation and principle, the regulation of economic law must first innovate in the concept of regulation, and set up the regulation idea that in the risk society, together multiple subjects share the responsibility of governance, but each of them takes its own responsibility, and a set of legal system constructed rationally is the guarantee. In this way, the regulation of economic law can better promote the purpose of economic law into realization in the era of civil code, so as to maximize the legal interests of the social contract.