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经济法作为新兴的一个法律部门,有别于传统意义上的公法与私法,它以维护社会公共利益为目标,具有明显的社会公益性特征,但同时经济法兼具的政策性、模糊性及由此导致的不确定性也使社会利益的探讨面临着诸多问题:第一,认为社会利益是国家政府人为刻意促成的结果,是否只存在依托于政府干预的社会利益。第二,认为社会利益的概念是模糊的,它与个体利益、国家利益的区别如何。第三,经济法如何实现对社会利益的保障。这些有关社会利益的问题的探讨直接涉及到经济法理论的基石。
As a newly emerging legal department, economic law is different from the traditional public law and private law. It aims to safeguard public interests and has obvious characteristics of social welfare. At the same time, economic law has both policy and fuzziness The resulting uncertainties also make the study of social interests facing many problems: First, that the social interests are the result of deliberately caused by the state government, whether there is only the social interests relying on government intervention. Second, the concept of social interest is vague, and it differs from individual interest and national interest. Third, how does economic law guarantee social benefits? The discussion of these social interests issues directly relates to the cornerstone of economic law theory.