民法与经济法的经济学基础

On the economics foundation of civil law & economic law

民法是市场经济的基本法,是市场调节机制发挥作用的法律保障。经济法的概念及调整对象虽然学术界尚未形成定论,但大都定位在弥补市场缺陷,规范国家干预之上。如果说,成熟的经济学与幼稚的法学的提法过于偏颇,在市场与国家关系领域,经济学的确比法学成熟得多。运用经济学理论,对民法与经济法进行法律的经济分析,不失为科学界定二者调整范围的佳径。

Civil law is the basic law of market economy. In a perfect market system, the search for their own benefits by the economic men in market economy will promote the best distribution of social resources. But the market failure obstructs the regulation of market system as a result of the limited ability of the economic man, externality, public goods and transaction costs. So it is necessary for the government to intervene in the operation of economy to make up for market failure. The article is to deal with the failure of market regulation system and the fundamental economic theory of civil law and economic law through economic analysis of law.