市场化政府经济行为的法律规制

The Legal Regulation of Governmental Marketizing Activity

市场化政府经济行为是以实现政府经济社会职能为目的和内容、以市场行为为形式的政府经济行为,在目的、功能、手段、主体、意思表示、适用范围、法律适用上都有其特征,并在我国已有形态多样的实践,可以从多种角度进行归类分析。在现代市场经济体制中,它是市场弥补政府缺陷的主要形式,是市场与政府共生的典型状态,是经济民主的重要表现。为了协调该行为中市场行为与政府行为、政府公共性与自利性、政府主体利益目标与参与主体利益目标等诸多冲突,需要由多个法律部门对该行为作综合调整,并就其适用范围、主体、审查、合同、标准化、价格、竞争、税收、法律责任、争议处理等制度要素作出立法设计。

State economic measures in the market form refers to governmental economic regulation Which aims at and centers round fulfilling governmental economic and social functions and takes the form of market activities. This type of measures, which has been put to practice in various forms in China, is unique as regards its targets, functions, means, subjects strctures, declaration of will, scope of application and legal application and can be categorized and analyzed in quite a few perspectives. In the modem market economy system the market-form state economic measures function as the major means by which the market remedies government defects, a significant vehicle to carry economic democracy and the typical form in which the market and the government co-exist with each other. Comprehensive legal regulation by multiple law branches is needed to co-ordinate such conflicts in the market-form state economic measures as those between market activities and governmental behavior, the common good and the governmental self-interest, the interests objective of the government and that of other concerned parties with such institutional elements as scope of application, subjects, examination, contracts, standardization, price, competition, taxation, legal liabilities and dispute settlement being designed legislatively.