再论经济法的基础

经济法有其社会、经济和政治基础。这种基础集中表现为各种思想主张和制度安排。就其社会基础而言核心是个人自由与社会秩序,就其经济基础而言核心是市场调节与国家干预,就其政治基础而言核心是契约自由与人权保障,而上述三者又可进一步归结为自由竞争与秩序调控。在这些基础上形成一种特定的社会关系,即市场竞争关系和宏观调控关系,它由经济法调整,进而构成经济法的基础。

On the Bases of Economic Law

Economic law has its social, economic and political bases which are epitomized as all kinds of thoughts and institutional designs. As far as social basis is concerned, its core is individual freedom and social order, the core of economic basis is market regulation and state intervention, the core of political basis is contract freedom and the protection of human rights, the three outlined above are further reduced to free competition and order regulation. On the bases there are the special social relationships that originate from market competition and macro-control, which are adjusted by economic law and thus constitute the bases for economic law.