对影响经济法效益的制约因素的解构

“经济法失灵”是指经济法未能到达预期目的或造成负面效应,引起经济绩效与社会福利的损失的现象,而其原因包括客观、主观、立法操作及内容设计等多方面。本文从协商民主机制、法官造法、诉讼机制及理论研究等几个角度对避免“经济法失灵”作了探讨。

Solution to the Phenomenon about The failure of economic law

The failure of economic law is that the economic law could not arrive to the purpose,but makes the negative effect and leads to the phenomenon of the loss of the economic and social welfare.But the reason include objective fact,subjective fact,the procedure of lawmaking and the contents of law,etc.This text is focused on the mechanism of consultation democracy,the judge makes the law,mechanism of litigation,and the research on theories.It wants to find ways to avoid failure of the economic law.