论文部分内容阅读
党的十四届三中全会指出:“社会主义市场经济的建立和完善,必须有完备的法制来规范和保障。”法制是社会主义市场经济的内在要求,法制建设必须与市场经济体制建设同步发展,没有健全的法制,就没有完善的、成功的市场经济。因此高度重视法制建设是伴随市场经济发展的一项重要任务。笔者就市场经济是法制经济,关于建立市场经济法律体系的问题做一些探索,以求教于法学界与经济界的同仁。 市场经济是法制经济 市场经济从一定意义上说是法制经经,这是党的十四大提出建立社会主义市场经济体制目标模式后,法学界、经济学界、许多改革实践者乃至党和国家领导人的共识。但对市场经济是法制经济的内涵,为什么说市场经济是法制经济等问题有不同的理解,有待于在理论和实践中形成共识。市场经济是法制经济,是指市场主体的权利、义务和行为规则、政府行为等方面都以法律形式来全面规范,即一切经济活动法制化。笔者认为对市场经济是法制经济的理解,既要从市场经济的本质要求、内在要求来分析,也要从市场经济必须依赖于法律调整、规范和保障的意义来理解,还要从法律能否保障市场经济健康发展的意义来理解。并从国内外市场经济法制建设史来论证才有说服力。
The Third Plenary Session of the 14th Central Committee of the Party pointed out: “The establishment and perfection of the socialist market economy must be governed and guaranteed by a comprehensive legal system.” The legal system is an inherent requirement of the socialist market economy. The construction of the legal system must be synchronized with the construction of a market economy Without a sound legal system, there will be no perfect and successful market economy. Therefore, attaching great importance to the legal system construction is an important task accompanying the development of market economy. The author on the market economy is the legal economy, on the establishment of a legal system of market economy to do some exploration in order to learn from the legal profession and economic colleagues. Market economy is the legal economy Market economy is, in a certain sense, the legal system, which is the party’s 14th National Congress proposed the establishment of a socialist market economy target model, the legal profession, economics, many practitioners of reform and even the party and state leaders People’s consensus. However, the market economy is the connotation of the legal economy, why the market economy is the legal economy and other issues have different understandings, pending the formation of consensus in theory and practice. Market economy is the legal economy, refers to the market participants the rights, obligations and rules of conduct, government behavior and other aspects of the legal form to fully regulate the legalization of all economic activities. I believe that the market economy is the understanding of the legal economy, both from the essential requirements of market economy and internal requirements to analyze, but also from the market economy must rely on the legal regulation, standardization and protection of the meaning to understand, but also from the law Protect the healthy development of the market economy to understand the significance. And from the history of domestic and foreign market economy and legal system to demonstrate that there is convincing.