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受到以主客观分离与对立为出发点的二元思维模式的影响 ,在社会结构方面形成了市民社会与政治国家分立的二元理论 ,在法学领域中也形成了以规制政治国家权力为主的公法部门和以调整市民社会关系为主的私法部门的二元划分。随着社会的发展 ,传统的关于市民社会与政治国家截然分开的理论受到挑战 ,政治国家与市民社会日渐融合 ,经济法的出现是这种趋势在法律上的体现之一。经济法作为贯穿于政治国家与市民社会领域的一个新兴的法律部门 ,其利益观体现出一定的综合性 ,融合了运行于市民社会中的私法与运行于政治国家中的公法的双重特征。经济法虽然以社会利益作为其首要的保护目标 ,但其对社会利益保护的实质是以个人利益为核心的个人利益、国家利益、社会利益之间协调的结果。
Influenced by the dualistic mode of thinking that takes subjective and objective separation and opposition as its starting points, a dualistic theory of the separation of civil society and political state has been formed in the social structure. In the field of jurisprudence, public law has also been formed, Departments and the division of private law departments that mainly focus on the adjustment of civil society. With the development of society, the traditional theory of civil society and political countries are challenged separately. Political states and civil society are becoming increasingly integrated. The emergence of economic law is one of the legal manifestations of this trend. Economic law, as an emerging legal department that runs through the political state and civil society, shows its interests in a certain degree of comprehensiveness. It incorporates the dual characteristics of private law operating in civil society and public law operating in a political state. Although the economic law regards social interests as its primary protection goal, the essence of its protection of social interests is the result of the coordination between individual interests, national interests and social interests with individual interests at the core.