论经济法的实质正义理念

法律与正义密切相关,并紧随其变化而不断发展。由于传统民法与“形式正义”的困境,经济法及其所负载的“实质正义理念”得以产生。经济法的实质正义理念以“有限自由”和“实质平等”为基本内涵,具体体现在经济法的基本原则、调整方法和具体制度之中。其存在对经济法学和法学理论都有着重要意义,而其实现又需要相应的立法、执法和司法机制作为保障。

On the Idea of Substantive Justice of Economic Law

Law is closely related with justice,and develops continuously with the change of justice.In modern times,because of the dilemma of the traditional civil law and the concept of!formal justice,the economic law and the concept of its substantive justice came into being.The basic connotations of the substantive justice can be described as the limited freedom and the essential equality,which are embodied in the basic principles,adjustment methods and the specific systems of the economic law.The existence of substantive justice of the economic law has a great significance to Jurisprudence and the economic law itself.And its implementation needs the supports of corresponding legislation,enforcement and judicial mechanism.