民法观念与经济法观念之考察--以两种法观念的差异以及与本土资源的关系为中心

在现代各国的民法与经济法的规则中 ,往往体现出截然不同的法观念 ,这些差异集中表现在以下五个方面 :公平观、利益观、自由观、效益观和秩序观。本土资源中的民法观念较为匮乏 ,但在现阶段正面临加强的契机 ;本土资源中的经济法观念较为充盈 ,并面临着更加深入的可能。面对民法观念与经济法观念的上述差异 ,立法上应注意在中国民法典制定过程中尽量做到“观念加压 ,内容减负”,而在制定相应的经济法规则时 ,则应尽量做到“观念减负 ,立法提速”

Review of Concept of Civil Law and Concept of Economic Law--Focus On the Difference Between the Two Concepts and Their Relation With Native Resources

The rules of modern civil law and economic law in all countries, usually reflect entirely different concepts of law. These differences mainly manifest in the following aspects: concept of fairness, concept of interest, concept of freedom, concept of benefit and concept of order. There is deficient concept of civil law in native resources, but it is confronted with the chance of being strengthened in present stage; while there is full concept of economic law in native resources, and it is confronted with the possibility of deeper furtherance. In the face of the above differences between concept of civil law and concept of economic law, legislators should try their best to "strengthen concept and reduce content load" in formulation of China civil code, and to "reduce concept load and speed legislation" in formulation of relevant rules of economic law.