论市场主体的基本经济权利及其行政法安排

在市场经济条件下 ,市场交换的本质是产权的自由让渡 ,因此 ,财产权和经济自由权是个人和组织作为市场主体参与市场活动必须具备的基本权利 ,这些基本权利不仅需要私法的规定和保护 ,更需要行政法的确认和安排 ,以使个人和组织作为市场主体在与作为行政主体的行政机关打交道时能够得到制度上的保障。另一方面 ,在现代社会 ,财产权和经济自由权又不是绝对的权利 ,为了社会的公共利益它们又常常受到法律上的限制 ,因此 ,如何在“个人的权利和自由与政府的权力这两个逆向的观念之间创制一种可行的平衡”也是行政法上必需解决的一个课题

On the Basic Economic Rights of Market Subjects and Their Arrangement in Administrative Law

Under the conditions of market economy, the essence of market-exchange is that the property rights are freely transferred. So the property rights and economic freedom are the basic rights which individuals and organizations who join the market activities as market bodies should have. These basic rights need to be not only provided and protected in private laws, but also affirmed and arranged in the administrative law, so that individuals and organizations as market bodies can get guaranties in system when they have dealings with administrative organs as administrative bodies. On the other hand, the property rights and economic freedom are no longer absolute rights in modern society. They are often limited in law for the sake of public interests. So it is a theme which must be solved in the administrative law that how to formulate a kind of practicable equilibrium between individuals rights and freedoms and government powers which are the contrary ideas.