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经济法和民法作为规制市场交易和经济运行的互补互动的重要法律部门,是市场经济良性发展的重要制度保障。厘清两者之间的关系和各自在法律体系中的地位,有重要的理论和现实意义。经济法与民法之间是对立统一的关系,其对立统一,植根于二者价值取向之中,具体体现在二者的利益观、公平观之中。二者作为不同的法律部门统一于同一个法律体系之中,并共同发挥独特的作用,以不同而又相互补充的形式实现法的价值。
Economic Law and Civil Law, as important legal departments that regulate the interaction of market transactions and economic operations, are important institutional guarantees for the sound development of the market economy. To clarify the relationship between the two and their respective status in the legal system has important theoretical and practical significance. Economic law and civil law are the relations of opposites and unity. The unity of opposites is rooted in the value orientation of the two, embodied in the view of both interests and fairness. The two, as different legal departments, are united in the same legal system and jointly play a unique role in realizing the value of the law in different and complementary ways.