构建双循环新发展格局的经济法回应

以国内大循环为主体,国内国际双循环相互促进的新发展格局,是面对逆全球化、贸易战以及新冠肺炎疫情等内外部经济环境变化的战略抉择.对市场经济环境极其敏感的经济法与双循环新发展格局在政府与市场关系领域内实现了耦合,并使新发展格局中的法律问题聚焦在宏观调控法与市场规制法领域.而经济法"干预之法"的属性、"回应型法"的品格和"问题导向"的特征,共同奠定了其回应新发展格局的基础.对此,在秉持问题导向的前提下,经济法的应对在整体上可遵循从干预型政府向规制型政府的转变;同时,宏观调控法需要转向"法治化下的相机抉择",市场规制法也需要制度供给与规制变革的同步推进,以此为双循环新发展格局提供良好的经济法治保障.

Economiclaw's response to the "dual circulation" development pattern

The new development pattern, in which domestic economic cycle plays a leading role while international economic cycle remains its extension and supplement, is a strategic choice in the face of changes in the internal and external economic landscape such as anti-globalization, trade wars, and COVID-19 pandemic. Economic law, which is extremely sensitive to the market economy environment, has coupled with the new development pattern of "dual circulation" in the field of government-market relations, and the legal issues in the new development pattern are focused on the areas of macro-control law and market regulation law. However, economic law, known as "intervention-centered", "responsive" and "problem-oriented" law, the features of which jointly laid the foundation for its response to the new development pattern. In this regard, under the premise of adhering to problem orientation, the response of economic law can comply with the transition from an intervention-oriented government to a regulatory-oriented government as a whole. At the same time, macro-control law needs to adhere to the "discretion under the rule of law", and market regulation law also requires the synchronous advancement of system supply and regulation reform, so as to provide a sound economic legal guarantee for the new development pattern of "dual circulation".