再识“责任”与经济法

经济法责任制度是经济法理论研究的重要问题之一,也是法学界论证经济法是否为独立法律部门的重要依据.法律责任的历史发展经历了与其他社会责任分离、责任逻辑的完善、责任方式的基本定型等过程,这使得部分学者按传统法律部门作为划分标准,否认经济法责任的存在,进而否认经济法为独立法律部门.按社会活动领域和法律调整宗旨的标准划分法律部门,责任方式并非划分法律部门的绝对标准.经济法具有独特调整方法,其责任制度的精髓集中于"责权利效相统一"的原则.经济法责任不仅在不同程度上综合运用民事、行政、刑事责任方式而形成独特的责任制度,而且将责任制度前置于主体制度,增强经济责任制,形成其鲜明的调整特色.

On "Responsibility" and Economic Law

Responsibility system of economic law is an important issue in theoretical study of economic law and also a key basis for arguing whether economic law is an independent law department. Legal responsibility developed by detaching from other social responsibilities, by perfecting the logic and establishing the form, which is why some scholars deny its existence and independence according to traditional classification of legal departments. In light of the legal department classification of social activities and legal regulation, form of responsibility is not the absolute standard of classification. The economic law has its unique regulation and its responsibility system focuses on the principle of "the unity of responsibility, rights, benefits and efficiency". The responsibility not only forms a unique system by applying civil, administrative and criminal responsibilities but puts the system of responsibility before that of subject, strengthens the former and therefore, forms its unique adjustment.