市场经济既有优化社会资源配置,促进生产力发展的积极作用,同时也有一定程度的自发性、盲目性的弱点。无论是对市场经济积极作用的发挥,还是对消极作用的限制,都离不开国家运用经济手段、行政手段与法律手段来调节经济运行。由于经济手段与行政手段的运用需要法律手段来规范,因此,法律手段是根本手段。正是从这个意义上说,市场经济就是法治经济。 Market economy not only has the active role of optimizing the allocation of social resources and promoting the development of productive forces, but also has a certain degree of spontaneous and blind weaknesses. Whether it is playing a positive role in the market economy or restricting the negative effects, it is inseparable from the state’s use of economic means, administrative means and legal means to regulate economic operations. As the use of economic and administrative means requires legal means to regulate them, legal means are the fundamental means. It is in this sense that a market economy is a law-based economy.