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从经济法主体制度入手,以公法与私法区别的角度批驳了国家必然作为经济法主体的观点,进一步论证了经济法的本质。经济法不应单纯地属于公法,而是由传统公法与传统私法发展而成的一种新型公法与新型私法的融合体。经济法可以分为宏观经济法与微观经济法,在前者中,国家当然地作为经济法主体;而在后者中,国家不必然作为经济法律关系一方主体。
Beginning with the main body of economic law, this article rejects the view that the state inevitably serves as the main body of economic law from the perspective of the distinction between public law and private law, and further demonstrates the essence of economic law. Economic law should not simply belong to the public law, but a new type of public law combined with the new private law that is developed from the traditional public law and the traditional private law. Economic law can be divided into macroeconomic law and microeconomic law, in which the state as a matter of course, as the main body of economic law; and in the latter, the state is not necessarily the main body of the party to economic and legal relations.