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在转轨时期,新制度经济学最近在我国越来越受到重视,其理论越来越多地运用于在我们的制度构建中。新制度经济学同样对于包括经济司法在内的法学研究具有重要意义,笔者试图通过新制度经济学的一些基本观点来阐述经济法和民法之间的关系,一是交易费用对两者产生的影响,一是对所谓利益本位之争的另一种看法,从而证明经济法是市场机制的保全与补充法,它与民法都是促进和发展社会主义市场经济的“法律合力”。
In the transitional period, the new institutional economics has been paid more and more attention in our country recently, and its theory is used more and more in our system construction. Neo-institutional economics is also of great significance to jurisprudence research including economic justice. The author attempts to explain the relationship between economic law and civil law through some basic points of view of neo-institutional economics. The first is the impact of transaction costs on both First, it is another view on the so-called conflict of interests standard that proves that economic law is the preservation and supplement of the market mechanism. Both civil law and civil law are “legal synergies” to promote and develop the socialist market economy.