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经济法责任的独立性是长久以来饱受法律界专家学者争议的问题,他们从不同的角度论证经济法责任是否具有独立性。其实,经济法责任的独立性具有一定的理论基础即顺应经济交往形态的日益复杂化与社会主义市场经济不断发展的趋势,超越传统理论,用发展的眼光对传统法律部门进行重新划分所形成的新法律部门;同时经济法责任的独立性也体现在经济法责任自身具有的社会性、综合性、经济性等不同于传统“三大责任”的本质属性;最后,广泛存在于经济法立法与司法当中的惩罚性赔偿,召回等独特的经济法责任形式也在很大程度上说明了经济法责任的独立性。
The independence of economic law responsibility has long been the subject of controversy among experts and scholars in the legal field. They argue from different angles whether the responsibility of economic law is independent. Actually, the independence of economic law responsibility has its own theoretical foundation. That is to say, the principle of economic law conforming to the increasingly complicated form of economic exchanges and the continuous development of socialist market economy, transcending the traditional theory and redefining the traditional legal departments with the vision of development The new legal department; At the same time, the independence of economic law responsibility also manifests itself in the nature of the social responsibility, the comprehensiveness and the economy, which are different from the traditional “three major responsibilities”. Finally, The unique forms of economic law responsibility, such as punitive damages and recalls in legislation and judiciary, also explain to a large extent the independence of economic law responsibility.