论经济法中的技术性规范

On the Technical Norms in the Economic Laws

经济法上的技术性规范,是一种将假定条件与行为模式中涉及的技术性事项加以数据化,以确保经济法律、法规顺利运行的独立规范类型,具体包括标准、准则、指南与规划4类。在立法层面,特定的技术性规范产生调制效果,辅助单行经济法律、法规成为国家干预市场的依据;在执法层面,为执法主体参照做出决定;在司法层面,为法院参照以补充发挥调制职能。经济法中的技术性规范属于经济法渊源,效力应等同于规章。独立的技术性规范与单行经济法律、法规形成了二元规范结构,其构建应遵循法定、公平与效率3项基本原则。针对现阶段经济法中技术性规范存在的法治问题,应进一步明确技术性规范的经济法律、法规依据,制定主体与制定程序,推动经济技术性规范向经济法律、法规、规章的转化,从而确保技术性规范在经济法治环境下的有效运转。

The technical norms in the economic laws are an independent type of norms that digitize technical issues involved in assumed conditions and behavioral modes to ensure the smooth operation of economic laws and regulations,and fall into four specific types of norms,standards,guidelines and plans.In terms of legislation,specific technical norms will produce the modulating effects,and assist unilateral economic laws and regulations to become the basis for the State to intervene in the market;in terms of law enforcement,such norms will serve as a reference for law enforcement bodies to make decisions;in terms of judicature,such norms will serve as a reference for courts to play a supplementary modulating role.The technical norms in the economic laws are a source of such laws,and their effects should be equal to those of rules.Independent technical norms and separate economic laws and regulations form a dual normative structure,whose construction should follow the three basic principles of legality,fairness and efficiency.Aiming at the problems related to the rule by law in the existing technical norms in the economic laws at the present stage,we should further clarify the basis of the economic laws and regulations as well as the subjects for formulating the technical norms and procedures,and promote the transformation of technical norms into economic laws,regulations and rules so as to ensure the effective operation of the technical norms in the economic context of rule by law.