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社会整体效益作为经济法所追求的价值已经成为经济法学界普遍承认的观点,但是,相对于民商法个人利益至上的观念来说,经济法所讲的社会整体效益显得过于模糊。学者们都强调社会整体效益应该涉及经济、社会、生态等多个方面的效益,但究竟应该如何涵盖,如何使社会整体效益兼顾各方效益,目前尚没有一个统一的说法。本文从社会整体效益的涵义和所涉及的各个构成要素着手,通过均衡论的方法,以期求得社会整体效益的边际均衡状态,使社会整体效益的理念进一步明确化。
The value of social overall benefits as the value pursued by economic law has become a generally accepted view of economic law circles. However, the overall social benefits of economic law are far too obscured compared with the idea of the supremacy of personal interests of civil and commercial law. Scholars all emphasize that the overall social benefit should involve economic, social and ecological benefits. However, it is not yet a unified view on how to make the overall social benefits take into account the benefits of all parties. Based on the meaning of the overall social benefits and all involved elements, this paper attempts to obtain the marginal equilibrium of overall social benefits through the method of equilibrium and further clarifies the concept of overall social benefits.