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经济法律责任是一种独立的法律责任形式,是经济法律规范得以实施、经济法目的得以实现的最终保障。经济法律责任包含权力主体和权利主体的法律责任,从控权经济法的角度来看,权力主体的经济法律责任对经济法而言更为重要。现行经济法重经济权利主体的法律责任,轻经济权力主体的法律责任;涉及权力主体法律责任的条文,其重心是国家工作人员的责任,而非国家机关的责任;同时,责任形态较为单一。权力与义务(职责)是相生相伴的,现行经济立法对权力主体的权力义务配置,重权力而轻义务,权力主体的权力和责任规定明显不成比例。因此,应优化权力主体的权力义务配置,将义务(职责)作为经济法中权力主体权力义务配置的应然方向。
Economic legal responsibility is an independent form of legal liability, which is the ultimate guarantee for the realization of economic laws and regulations and the realization of the purpose of economic law. Economic legal responsibility includes the legal responsibility of the main body of power and the main body of rights. From the perspective of the controlled economic law, the economic legal responsibility of the main body of power is even more important to economic law. The current economic law focuses on the economic responsibility of the main legal liability, the economic responsibility of the main body of the legal responsibility; involving the main body of the legal responsibility of the provisions of the center of gravity is the responsibility of national staff, not the responsibility of state organs; the same time, a more sole responsibility form. Power and obligation (responsibilities) are accompanied by one another. The existing economic legislation has a disproportionate disparity in the allocation of powers and duties of the main body of power, the heavy duties of light and heavy responsibilities, and the power and responsibility of the main body of power. Therefore, we should optimize the allocation of power and obligation of the main body of power and take the obligation (responsibility) as the direction of the allocation of power and responsibility of the main body of power in economic law.