经济法产生与发展的理论探讨

A Theoretical Exploration of the Formation and Development of Economic Law

经济法作为一个独立的法律部门 ,从经济基础上说 ,是资本主义从自由竞争发展到垄断时期的产物 ,从法律发展的内在要求上看 ,是运用公法手段对私法世界的干预 ,对私法世界进行公法干预的目的是为了社会公共利益。从历史上看 ,经济法从产生到确立最直接的导火索是战争和经济危机。

Economic law, as an independent branch of law and judging on economic basis, is the product of the transformation of capitalism from free competition to the monopoly period; and the intervention of the means of the public law into the world of the private law for the sake of social public interests, as viewed by the internal requirements of the development of law. From a historical point of view, the direct cause of the emergence and establishment of the economic law is war and economic crisis. The all round development of the economic law has been based on modern market economy.