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1、经济法的基本价值取向新论（On the basic value of economic law）On the basic value of economic lawZangdonge(Law School of Harbin University of Commerce, Harbin 150010)Abstract the economic law is a legal department and with the development of the market economy to a certain stage, its value target is multipleOf thi
2、s one, what kind of value target is the basic value orientation of economic law has been a focus of academic debate. At present, severalThe mainstream theory holds that the basic value of economic law mainly focus on fairness, democracy, efficiency and freedom etc. However, as aA historical category
3、, in different historical period, the value orientation of economic law is different. In Chinas current socio-economic development imbalance,Wealth cannot meet the social needs of a specific historical period, economic law should play its function and role, promote social prosperity.And coordinated
4、development, so as to improve the power of people to maximize the accumulation of social wealth. So, in a lot of the value aim of law, economyThe basic value orientation of law should be effective and fair. The benefit value of economic law should be the social overall benefit valueThe fair is the s
5、ocial standard; as the foundation, is the unity of fairness and substantive fairness. Is the fair value orientation of sustainable development.keyword economic law; value orientation; social benefit;The emergence of economic law can be traced back to the 1775 French utopian socialismThe meaning of n
6、atural law Zhemolaili published works, followed by French utopian societyActivist Desami in 1842 in the public law is also used in the bookThe concept of economic law in the legislative practices of various countries in the earliest clear useEconomic law as a legal name is the coal economic law prom
7、ulgated in 1819 germany,Li the worlds first economic law is the 1964 CzechoslovakiaSet. The economic law as the legal department, is the state intervention in the economyThe product is in the hands of the country to intervene in the market, at the same time political normsThe government intervention
8、, so as to realize the fair competition in the market and improve the overall social benefits.The economic law from the date of production, the basic value orientation has been among peopleFocus on. The author believes that the economic law should be based on the efficiency and fairness as itsThe ba
9、sic value orientation.The theory of the basic value of economic lawThe value of economic law, such as fairness, efficiency, freedom and orderComprehensive development and human, but its basic value orientation, the economy of our countryScholars from a different point of view, put forward a number o
10、f different views.Mainly including the following theories: (1) social justice, economic democracy,The legal value of the law department to determine that the boundaries shall be subject to law andThe internal control function of the operation, and that the current law on economy based onThe general
11、cognitive domain method, the value of economic law of our countrys modernization shouldPay attention to social justice and economic democracy value two. (2) the economic efficiency and theJi Ping said, that economic law is a legal system in the Department of the same method.The general law of value,
12、 also has the order, efficiency, fairness and justice equivalenceValue, the basic value orientation of its inherent social standard is the center of economic law, priceThe value link should be: the social overall economic efficiency and overall social economic (essential)Fair. (3) the overall progra
13、m equity that is all about the benefits,Procedural justice is the global concern , from a countrys economic development,Benefit first is the principle can be used as the mainstream. But from a global perspectiveLook, the more benefit first principle is the emphasis on one or several countriesThe eco
14、nomic development, and the procedural justice should become the international economicThe mainstream orientation. Especially after joining the WTO, from the present stage of our countryThe economic and social development, policy and law should be from the orientation of market economyThe local effic
15、iency priority to the whole procedure fair. (4) agencyFair to say think of economic law to correct market economy, lack of intervention mechanismThe main scope of regulation, should therefore take the social justice as the dominant priceWhen multiple conflicting values, value of the system of economic law, economic lawWe should value orientation based on social equity as the preferred option. (5) the overall efficiency.Yi said that in the modern market economy, because of the existence of the traditional civil and commercialThe method is unable to solve suc
