以往关于经济法的纷争 ,否定派未能区分经济关系和社会关系 ,机械地认为经济关系由民商法调整 ,而无产生经济法的必要 ;肯定派虽然认识到了经济关系需要干预的社会现实 ,但却未能从根本上指出经济法的调整对象 ,只能泛泛而谈一定范围内的经济关系需要干预。本文认为经济法的产生是新的时代条件下法律体系对置经济于控制之下 (包括调整的专业化 )和民主程度提高这两个新任务的回应 ,是突破了公私法二元结构的社会法域下的部门法 In the past disputes over economic law, the denominator failed to distinguish between economic and social relations, and mechanically believed that the economic relations were regulated by civil and commercial laws without the necessity of economic law. Although the affirmed school recognized the social reality that economic relations require intervention, However, it failed to point out fundamentally the object of economic law’s adjustment and only needs to intervene in a general way and in a certain range of economic relations. This paper argues that the emergence of economic law is the response of the legal system to two new tasks under the control of the economy (including the adjustment of specialization) and the improvement of democracy in the new era. It is a society that has broken through the dual structure of public-private law Sectoral law under the law