中日经济立法与理论研究之比较

中日两国都是当今世界上经济法最为繁盛的国家。两国的经济都经历三个非常相似的阶段,两国的经济法立法相应地分为三个阶段。纵观中日两国经济法立法史,中、日两国都十分重视经济法立法,强调政府对经济发展的主导作用,立法赋予了政府较多市场规制权限,“强政府”形象凸显于市场。但是,二者之间的差异也是十分明显的。中国的经济法学研究在短短的二十年之内经历了模仿、引进阶段,逐步形成了独具特色、成熟的经济法理论体系,流派纷呈。在日本,经济法学界的分歧较小,普遍认为反垄断法是经济法的核心和基本内容。

Comparison of Economic Legislation and Theoretical Study between China and Japan

Both China and Japan are rich for economic law in the world. Both countries have witnessed three very similar stages of the economic law so their legislations can be divided accordingly into three stages. In light of their legislation history of the economic law, both emphasize legislation of the economic law and government's leading role in economic development. The legislation gives the government so many market regulatory powers that "A Strong Government" stands out above the market. However, there are striking differences between the two countries. Study of Chinese economic law have experienced both stages of imitation and import in such a short period of 20 years and formed gradually a unique and mature theoretical system of economic law with many schools of thought while there is less divergence in Japan law circles and the anti - monopoly law is generally believed to be the essential and fundamental part of the economic law.