营业自由权隐性入显性的路径设计——从法律对经济回应的视角

营业自由权是民事主体实现财富增值和提高个体生活质量的一种应然性源权利,是民事主体财产自由权在营业领域的展开和扩张,是民事主体不可剥夺的权利。然而,我国法律仅关注了民事主体营业活动和营业成果的保护,对产生和获取实然财产结果的源权利与基础性权利——＂营业自由权＂则没有予以应有的重视,致使营业自由权在具体法律制度中处于隐性且极易受到侵害的地位。如何将营业自由权由隐性入显性,这就需要一个良好的制度路径设计。

The Path Design on the Rights of Business Freedom from the Recessive into the Dominant -Angle of View in Legal Responding to Economy

The right of business freedom is the future rights which is used to increase wealth and improve the quality of private by the civil subject,and it subject to the freedom right of civil subject＇s property which is expanded and extended in the business sec- tor, which is the main right that can not deprived by everyone.However,owing to our constitution only concern for protecting the main business activities and operating results ,and our constitution can not give due attention to the right of business freedom which is origin rights and basic rights making and taking actual produce resuhs.For this reason,the rights of business freedom is in the recessive and extremely vulnerable position in specific legal system.how to make the rights of business freedom from the recessive into the dominant,and this requires a good path system design.