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以弘扬科学理性、主体自由为主旨的启蒙运动,直接孕育了现代性的精神气质与行为方式。法的现代性实质就是法的理性化。作为市场经济问题矫治工具的经济法,在制度构成等方面具有与民法等部门法不同但并非根本差异的现代性。基于价值理性对工具理性的扬弃、实质理性对形式理性的修正,经济法的应然、实然价值越发彰显。由于现代社会合法性危机并未真正得以消解,经济法同样需要借助后现代视域下的反思嬗变,这是经济法理念应加以更新的内在动因。现代性与后现代性维度下的思考同样有助于中国经济法发展的合适路径选择及完善。
The enlightenment movement with the theme of promoting scientific rationality and subject freedom directly gave birth to the modern ethos and behavior. The essence of the modernity of law is the rationalization of law. Economic law, as a tool of market economy correction, has modernity that is different from but not fundamentally different from the civil law and other sector laws in terms of system structure. Sublation of the tool rationality based on the value rationality, the revision of the formal rationality by the substantive rationality, and the fact that the economic law should and should be realized will be more and more manifest. Since the crisis of legitimacy in modern society has not really been solved, the economic law also needs the help of the retrospective transmutation under the view of postmodernism, which is the intrinsic motivation for the concept of economic law to be renewed. Reflections on the dimensions of modernity and postmodernity also contribute to the selection and perfection of the proper path for the development of China’s economic law.