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经济法理论的建构以及学界对经济法理论的批判都应以法学常识为基础,但我国当前很多经济法理论却因刻意追求创新而逐渐偏离了法学常识,有关经济法地位的很多学术争论也因对经济法的误解而产生。在这种学术导向下,经济法变得难以捉摸,甚至与传统法律制度发生了直接冲突。这不利于经济法自身发展,不利于经济法的实践运作与人才培养,也不利于法律制度之间协同效应的发挥。重拾经济法的合理性,应在学术研究及争鸣中,树立常识主义经济法观:以常识立场来确立经济法边界及构建经济法理论;尊重常识、重视常识,最终回归常识,以常识促进共识。
The construction of economic law theory and the academic critique of economic law theory should be based on common sense of law. However, many theories of economic law in our country have gradually deviated from common law knowledge because of their intention to pursue innovation. Many academic debates on the status of economic law have also resulted from A misunderstanding of economic law arises. Under this academic orientation, economic law has become elusive, even directly in conflict with the traditional legal system. This is not conducive to the economic law itself, is not conducive to the practical operation of economic law and personnel training, is not conducive to the synergy between the legal system to play. To regain the legitimacy of economic law, we should establish the commonsense doctrine of economic law in the academic research and contention: to establish the boundary of economic law and to construct the theory of economic law from the standpoint of common sense; to respect common sense, attach importance to common sense and finally return to common sense and promote with common sense consensus.