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改革开放以来,我国进入经济社会高速前进的轨道,与此同时,与经济发展和社会进步相配套的法律体系也随之不断完善,经济法是其中甚为重要的一部分。德国学者海德曼认为,“法学研究应注意时代的精神,现代社会以‘经济性’为其时代精神,‘经济性’就是现代法的特征。具有这种现代法的特征,渗透着现代的经济精神的法就是经济法。”~①经济法所追求的是一种经济公平正义与效率的兼顾,是一种从资源配置到财富分配,从调整手段到调
Since the reform and opening up, our country has entered a track of rapid economic and social progress. At the same time, the legal system that accompanies economic development and social progress has also been continuously improved. Economic law is a very important part of it. German scholar Heidemann believes that “the study of law should pay attention to the spirit of the times, and the modern society regards the” economy “as its spirit of the times.” Economy “is the characteristic of modern law. With the characteristics of this modern law, it permeates the modern The law of economic spirit is the law of the economy. ”1) The pursuit of economic law is a reconciliation of economic justice, justice and efficiency. It is a process from allocation of resources to distribution of wealth and from adjustment to adjustment