一、引论 由于中国的经济体制处于变动中,政策处于形成和完备化过程中,所以与此密切相关的经济法是个难题。由于中国的经济体制从计划经济转向商品经济,然后,又为突出计划性而提出有计划的商品经济,近几年又提出建立社会主义市场经济。经济政策变动较多、较快,但实际经济形势发展得更快,而法律上的反映却比经济政策的变动慢。因此,法律比现实的经济情况落后了不是一步而是两 I. INTRODUCTION As China’s economic system is undergoing changes and its policies are in the process of being formed and completed, the economic law closely related to this is a dilemma. Since China’s economic system shifted from a planned economy to a commodity economy, and then proposed a planned commodity economy in order to give prominence to planning, it has also proposed in recent years to establish a socialist market economy. Economic policy changes more rapidly, but the actual economic situation develops faster, but the legal response is slower than the changes in economic policy. Therefore, the law lags behind the reality of the economy not by one step but by two