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政府竞争是促进我国经济快速高效发展的一大动力,但由于其自身或体制机制问题,也带来了诸多弊病。通过分析经济法理念和梳理经济法现有制度,发现经济法理念与有序政府竞争原则是高度契合的,经济法的整体性、平衡性、持续性、倾斜性原理与政府竞争追求秩序和效率的理念是基本一致的。针对政府竞争带来的弊病,对我国现行经济法律进行一次梳理,主要包括竞争法、计划法、经济政策、产业政策、区域经济法以及财税法等,考察我国现行经济法对这些弊病的法律解决途径及解决效果,分析经济法对政府经济行为的作用和完善途径,提出了要将经济法理念融入政府竞争、完善竞争法律制度、将政府竞争与合作纳入整体性和持续性框架考虑以及强化财税法改革的经济法学解决办法。
Government competition is a major impetus to the rapid and efficient development of our economy. However, due to its own problems or institutional mechanisms, it has also brought many shortcomings. By analyzing the concept of economic law and sorting out the existing system of economic law, it is found that the concept of economic law is highly compatible with the principle of orderly government competition. The integrity, balance, continuity, inclination principle and government competition in the economic law are the order and efficiency The concept is basically the same. In view of the ills brought by the government competition, this article reviews the current economic law in our country mainly including the competition law, the plan law, the economic policy, the industrial policy, the regional economic law and the tax law, and examines the legal solution to these ills in China’s current economic law Ways and solutions to the problems, analyzes the function and perfecting ways of the economic law to the government’s economic behavior, puts forward that it is necessary to integrate the economic law concept into the government competition, improve the competition law system, incorporate the government competition and cooperation into the overall and the sustainable framework, Economic Law Solution of Law Reform.