经济法的语境论研究进路

本文针对近年来经济法基本理论研究中已取得的共识性成果和经济法理论与实践 进一步发展的制约瓶颈，试图运用一种语境论的方法和视角来证明如下观点：法部门（不 管是传统法律部门如民商法、行政法等，还是新兴法部门如经济 法）的观念和实践皆与特定的语境相关。经济法则是20世纪以来社会与法学转型 背景下，经济的集中和垄断（市场失灵）、国家第四种权力的出现及有效运作、现实主义法 学思潮、集体主义的价值观和方法论（社会本位）等特定语境的产物。

Some Thoughts on Economic Law: A Path of the Context Analysis

With the economic law researchers' hard working, more and more common understandings and progresses have been made in its own field. Meanwhile, as we look back, we will still find that the economic law research shares little commo n knowledge and achievement with its neighboring branches--the traditional law departments, such as the civil law, the commercial law and so on, not to m ention the other humanity and natural science subjects. The author argues that t h e efficient way to the problem is the innovation of the studying method for econ omic law research. From a perspective of the context analysis, the article tries to supply and prove that every law branche is the production of certain context . The economic law comes under a background of social an d jurisprud ence turning in 20th century, which is composed of the economic centralization a nd the market failure, the emergence of the fourth administrative power, the dom ination of the collectivism methodology and the realism jurisprudence.