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民商法和经济法作为法治经济的两大支柱性部门法,其主要立法起步于20世纪80年代初。法典化程度是部门法发展成熟的重要标志:在《民法通则》颁行30周年之际,继几部民事单行法实施后,民法典编纂于2015年重新启动;相比之下,经济单行法已颁行60余部,经济基本法尚付阙如,经济法典编纂则遥遥无期。在全面深化改革和推进依法治国的背景下,为了确保市场在资源配置中起决定性作用、更好发挥政府作用、回应法治经济的立法诉求,再议经济法领域立法整合的必要性及其可能性正当其时。制定民事基本法在先、民事单行法在后,而经济单行法的数量庞大、内容丰富,现阶段很有必要制定《经济法通则》,以统辖经济单行法所构成的庞杂体系,为经济法典编纂奠定制度上的基础。
Civil and commercial law and economic law, as the two pillars of the rule of law economy, the main legislation started in the early 1980s. The degree of codification is an important symbol of the maturity of the departmental law: On the occasion of the 30th anniversary of the enactment of the “General Principles of Civil Law,” the compilation of civil codes was restarted in 2015, following the implementation of several civil-law-specific laws; in contrast, Has issued more than 60, the basic law of the economy is still missing, the economic codification is far between foreseeable future. In the context of deepening the reform and promoting the rule of law in the country, in order to ensure that the market plays a decisive role in the allocation of resources, to give better play to the role of government, to respond to the legislative demands of the economy under the rule of law, and to discuss the necessity and feasibility of the legislative integration in the field of economic law Just for the moment. The formulation of the civil basic law precedes the civil one-way law followed by a large number of economic one-way law, rich in content, it is necessary at this stage to develop “General Principles of Economic Law” to govern the complex system of economic law, compiled for the economic code Lay the foundation of the system.