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国家失灵与经济法的关系是经济法基本理论问题之一。文章首先探讨了国家失灵的定义、表现、原因,在此基础上提出了对国家失灵与经济法关系的看法,认为经济法的概念中不应包括克服国家失灵的内容,经济法的产生并不是为了克服国家失灵,经济法的功能是为了克服市场失灵,国家失灵的法律对策应由以行政法为主体、包括相关的宪法性法律制度来承担,并认为严格计划经济体制下不存在经济法。
The relationship between state failure and economic law is one of the basic theoretical issues in economic law. The article first discusses the definition, manifestation and reason of the state failure, and on this basis puts forward the view on the relationship between the state failure and the economic law. It holds that the concept of economic law should not include the content of overcoming the state failure, and the emergence of economic law is not In order to overcome the failure of the state, the function of economic law is to overcome the market failure. The legal countermeasures of the state failure should be borne by the administrative law as the main body, including the relevant constitutional legal system. The economic law does not exist under the strict planned economic system.