论经济法与行政法划分悖论的破解——以“第四部门”和社会中间层为突破口

The Expose of the Paradoxes About the Differentiation of Economic Law and Administrative Law——Take “the fourth sector” and social intermediate class as the breakthrough

经济法与行政法的关系向来存在一个分与合均两难的悖论 :一方面经济法学者无法令人信服地将二者划分开来 ,而另一方面经济行政法论的主张者也无法解释二者之间诸多的差异。传统经济法理论以行政机关作为干预主体 ,借行政权干预经济是造成这一悖论的深层根源。新兴的“第四部门”和社会中间层提供了更优的干预主体选择 。

There is always a paradox about the relation between economic law and administrative law which causes a dilemma between separation and unity: On the one hand scholars of economic law cannot differentiate the two convincingly, on the other hand the advocates of the theory of economic administrative law also cannot explain the many differences between the two. In traditional theory of economic law, administrative organs are taken for the subjects of intervention. Using administrative rights to intervene economy is the deep root of such paradox. The newly rising “the fourth sector” and social intermediate class provide better choices for the subjects of intervention, at the same time provide a breakthrough for the expose of the paradox.