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经济法概念是经济法基础理论的核心和关键。两种经济法概念———作为法律部门的经济法与作为制定法的经济法———存在着微妙而重要的区别。前者是同类法律规范的总称,在性质上应定位于“经济行政法”;后者具有法律规范构成上的异质性,不但在分类标准上不同于前者,而且在内容上与部门法意义上的经济法形成较大出入。作为部门法的经济法的建构在思维方式上体现和反映了大陆法系的特点,作为制定法的经济法则反映了英美法系的思维方式。
The concept of economic law is the core and key of the basic theory of economic law. There are subtle but important differences between the two concepts of economic law - the economic law as the legal branch and the economic law as a statutory law. The former is the general term for similar laws and regulations, and should be located in the “Economic Administrative Law” in nature. The latter has the heterogeneity in the legal norms, not only different from the former in terms of taxonomy, but also in content and sectoral law The economic law formed a larger discrepancy. The construction of the economic law as a sectoral law reflects and reflects the characteristics of the civil law system in its mode of thinking. The economic law as a statutory law reflects the way of thinking of common law jurisdictions.