经济法的反贫困机理和制度设计

贫困体现了市场失灵和政府失灵,而这两个失灵是经济法产生和发展完善的理论基础;反贫困所体现的公平观是一种新型的、可持续的发展观,它是经济法之实质公平的典型表现形式;政府反贫困行为还与经济法所追求的社会整体利益相契合,体现了经济法的社会本位思想;因此,经济法可以从宏观调控法和市场规制法两方面进行制度设计。

Anti-poverty Theory and System Reconstruction of Economic Law

Poverty demonstrates both a market failure and a governmental failure, on which the very theory of economic law originates and develops. The concept of justice embodied by anti-poverty is a new and sustainable concept of development, which reveals the substantiality and justice of economic law. Governmental anti-poverty activities should be in compliance with the social and integrated interests pursued by economic law, which indicates the idea of a standard society. So, economic law can reconstruct the system both by macro-adjustment and market regulation.