论经济法视野中的弱势群体——以消费者等为对象的考察

弱势群体能否被纳入以及如何被纳入经济法视野是一个复杂问题,这需要从私法和经济法层面进行探究。在实践中,一种新的弱势群体的形成可能不会对原适用的私法规范产生影响,也可能导致新的私法规范产生;即使对公权干预产生需求,也并非必然可由经济法规范对需求予以满足。我们的经济法实践应重视弱势群体内部存在的多种维度的差异,并考虑是否应通过主体细分以实行区别对待。

The Disadvantaged Groups in the Perspective of Economic Law——Taking Consumer and the Like as Examples

It is complex whether and in what way the disadvantaged groups should be taken in the perspective of economic law as a problem, which needs to be discussed from the perspective of private law and economic law. In practice, the formation of a new disadvantaged group may not influence the formerly-applied rules of private laws, and also cause the generation of new rules of private law. If the need of public power intervention arises, it is not necessarily satisfied by the rules of economic law. Our practice of economic law should pay more attention to the differences of multi-dimension that internally existed in the disadvantaged groups, and take into consideration the proposal of whether the divergent groups may be differently treated through detailed classification of subjects.