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近几年来 ,理论界对民法与经济法孰轻孰重的争论已越来越少 ,民法作为市场经济的基础法 ,经济法作为独立的法律部门 ,两者构成互补的有机的市场经济法律体系的理论正为更多学者所接受。理清两者之间的关系和各自在法律体系中的地位 ,不但有助于经济法自身基础理论的完善 ,而且对“入世”以后我国经济法与民法各自功能的充分发挥尤其具有现实意义。
In recent years, there has been less and less controversy over whether the civil law and the economic law should be considered in the theoretical circle. Civil law, as the basic law of the market economy and the economic law as an independent legal department, form a complementary organic market economic legal system Theory is accepted by more scholars. To clarify the relationship between the two and their respective positions in the legal system not only contributes to the perfection of the basic theory of economic law, but also has particular significance for the full realization of the respective functions of China’s economic law and civil law after China’s accession to the WTO.