十八届四中全会强调:社会主义市场经济本质上是法治经济,社会主义市场经济改革目标只有在法治的保驾护航下才能得以顺利实现。市场经济法治化已是必然趋势,但在法治化进程中应遵循怎样的价值理念与路径是问题的关键。阿马蒂亚·森作为一位卓越的经济学家,在其自由发展观中确立了市场经济法治观,认为市场经济法治化应以扩展人的实质自由为基本价值追求;以发展人的能力为具体目标;以权利保障为根本准则;以善治为实现路径;以透明性、责任性与回应性保证为具体规范制度。森的市场经济法治观对我国社会主义市场经济法治建设具有借鉴意义。 The Fourth Plenary Session of the 18th CPC Central Committee emphasized that the socialist market economy is essentially a law-based economy and that the goal of socialist market economy reform can only be successfully implemented under the escort of the rule of law. The legalization of the market economy is an inevitable trend. However, what value concept and path should be followed in the process of legalization is the key issue. As a remarkable economist, Amartya Sen established the concept of law of the market economy in its concept of free development. It believes that the legalization of the market economy should be based on the expansion of people’s real freedom as the basic value pursuit. In order to develop people’s ability As the specific goal; take the guarantee of rights as the basic criterion; take the good governance as the path of realization; take the transparency, responsibility and responsiveness assurance as the specific normative system. Sen’s Viewpoint of Market Economy and Rule by Law Have Reference Significance to the Construction of Legal System of Our Socialist Market Economy.