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我国《经济合同法》的制定和实施,已进入第十个年头。为使之发挥更大的作用,有权机关正在着手对它进行修改。面对这种情况,完全有必要对经济合同法的理论和实践,展开深入一步地探讨。首先涉及的,无疑是它的调整对象。关于这个问题,学术界的认识虽然比较接近,但具体观点并不一致。按照笼统的说法,其调整对象是一定范围的商品关系,或称经济合同关系。如果把这种概括的含义展开,则发生经济合同法调整何种性质的关系、及其调整的范围、特点等问题。其中有些内容在已有著述中尚未涉及,有些则有不同观点。本文拟提出一些不成熟的看法。
The formulation and implementation of China's “Economic Contract Law” has entered its tenth year. In order for it to play a bigger role, the organ of authority is proceeding to amend it. Faced with this situation, it is absolutely necessary for the theory and practice of the law of economic contract to be explored step by step. First of all, it is undoubtedly the object of its adjustment. On this issue, although the academic understanding is relatively close, but the specific point of view is not consistent. In general terms, the adjustment of the object is a range of commodity relations, or economic contractual relationship. If the general meaning is expanded, the nature of the contractual law of economic contract and the scope and characteristics of the adjustment will be raised. Some of these contents have not been covered in the existing literature, while others have different views. This article proposes some immature views.