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法本身制定得良好乃实行法治的内在要求,相当数量的良法是规范我国市场秩序的基础性和前提性工程。然而,大量的法律漏洞使我国市场经济法治建设陷入困境:立法如林与法律虚置同时并存。这些漏洞使其非但不能实现其价值,使市场秩序规范化,反而产生零价值、负价值,为市场失序推波助澜。本文从批判的视角分别剖析了市场主体、市场规制和市场监管领域的四种法律漏洞,解析其与市场失序之间的关系,探寻其成因,并为补救法律漏洞和构建立法质量保障体系提出了一些政策建议。
The good of the law itself is the inherent requirement of implementing the rule of law. A good number of good laws are the basic and prerequisite projects that regulate the market order in our country. However, a large number of legal loopholes make the construction of the legal system of market economy in our country in a dilemma: Legislation such as forest and legal coexistence. These loopholes make it not only fail to realize its value, but also normalize the market order, resulting in zero value and negative value, which will fuele the market disorder. This article analyzes four kinds of legal loopholes in the field of market main body, market regulation and market supervision from the perspective of criticism, analyzes the relationship between them and market disorder, explores its causes and puts forward some suggestions to remedy the loopholes in law and construct the legal quality guarantee system Some policy recommendations.