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从经济法与社会整体的关系来看,前者是后者的本位法,其建立与书写是基于社会利益,并将其作为立法的宗旨。它所追求的利益不是个人利益,也不是某一组织团体的利益,而是整个社会的利益,因此从某种层面上来看,它是经济社会化的促成物,也是生产力发展的必然结果,同时,此种利益也是一种动态性的“社会利益”。经济法的建构就是在于通过立法平衡整个社会,实现社会各个部分之间的有机调节,同时利用制度方法构建一个相对完整的制度框架,实现社会整体利益的平衡。经济法在于建构一个相对公平、公正具有鲜活动力的社会整体利益,是符合科学发展观的客观要求。
From the perspective of the relationship between economic law and the social whole, the former is the latter’s basic law. The establishment and writing of the former is based on the social interests and takes it as the purpose of legislation. The interests it pursues are not personal interests, nor are they the interests of an organization, but the interests of society as a whole. Therefore, from a certain point of view, it is the result of economic socialization and the inevitable result of the development of productive forces. At the same time, This kind of interest is also a kind of dynamic “social interest ”. The construction of Economic Law is to balance the entire society through legislation and realize the organic adjustment among various parts of society. At the same time, we should make use of institutional methods to build a relatively complete institutional framework and balance the interests of the whole society. Economic law lies in the objective of building a relatively fair, just and vivid social interests as a whole, in line with the objective requirements of the scientific concept of development.