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经济法作为一种新兴的法律现象,正在对现存法律体系掀起一系列的风暴,它促进了宪法的转型,引起了行政法的变革,又在理论界公然向传统的公法私法两分法挑战。经济法是纳入公法私法体系中,还是消解原有的公法私法体系以适应它的发展?本文从法哲学视野入手,通过对法律史的简要考察,探寻法体系的历史演进规律和法规范的核心范畴,从而找出经济法兴起、发展的深层次法理根据,并明确其历史地位。
As a new legal phenomenon, economic law is setting off a series of storms on the existing legal system. It promotes the transformation of the constitution, arouses the reform of administrative law and blatantly challenges the traditional dichotomy of public law and private law in the theoretical circle. Economic law is incorporated into the system of public law and private law, or digestion of the original system of public law to adapt to its development? This article from the perspective of jurisprudence, through a brief examination of the history of law to explore the legal system of law and the law of historical evolution of the core So as to find out the deep legal basis for the rise and development of Economic Law and clarify its historic position.