论经济法视野中的公权力

经济法是公权力进入传统意思自治领域的结果,与公权力有着天然的联系,公权力的存在是经济法的一个特质,经济法在历史舞台上的兴起可以归结为两个可以相互独立的原因:一是市场失灵;二是为了应对社会化所致的社会问题而借助公权力对包括市场在内的全部社会经济生活进行干预的合理性.经济法在用公权力去矫正权利失衡的同时,自身也要受到来自形式理性的制衡和它的对立物--权利的制衡.经济法在实现自己价值追求的过程中,应当着力规范公权力运行,实现经济法治.

On the Administrative Power in the Vision Field of Economic Law

Economic law is the result of which the administrative power enters into the traditional meaning of autonomous field,and has the natural link with administrative power.The existence of administrative power is a kind of special point of economic law.The rise of economic law in the history stage may be summed up as two independent reasons: One is the market out of order;the other is,in order to handle the social questions resulted from socialization,the rational invasion of all the social economic life,including the market,by the aid of administrative power.While regulating the unbalance of power by virtue of administrative power,the economic law itself must be restricted by right and interest,which come from the rational restriction and its opposing thing.It is necessary for the economic law,while realizing its own value seeking,to normalize the operation of administrative power and to realize the rule by economic law.