《民法通则》的通过表明,在我国民法、经济法是分立的。我认为这样处理立法问题既符合我国国情,有利于解决实际问题,又易于澄清我国法学理论界一直争论不休的一些问题。那么,在我国民法,经济法分立的原因及其相互关系如何?除一些同志已谈过的,我认为还有以下几点: 一、从历史和现状看,民法和经济法都各自起过,而且还正在起着不同的作用。我们知道,民法主要调整财产关系,它的产生与发展和商品经济有着不可分割的联系,甚至可以说,凡存在着商品生产、商品交换的社会就有民法。这是因为商品经济的根本规律是价值规律,而价值规律的主要内容和客观要求之一就是等价交换。正是由于对价值规律的认识,人们在商品交换中形成了对各主体地位平等、等价、自愿、契 The adoption of the “General Principles of Civil Law” shows that in our civil law, economic law is separate. In my opinion, handling the issue of legislation in this way is not only in line with China’s national conditions, is conducive to solving practical problems, and is also easy to clarify some issues that our legal theory circles have been arguing endlessly. Then, what are the reasons for the separation of civil law and economic law in our country and how they relate to each other? Apart from what some comrades have already talked about, I think there are the following points: First, both from the perspective of history and the status quo, both civil law and economic law have played their respective roles, And it is playing a different role. We know that civil law mainly adjusts the relations of property, its production and development are inextricably linked with the development of the commodity economy. It can even be said that civil law exists in all societies in which commodity production and commodity exchange exist. This is because the fundamental law of commodity economy is the law of value, and one of the main contents and objective requirements of the law of value is equivalent exchange. It is precisely because of the understanding of the law of value that people form an equal, voluntary and contractual