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国家与市场的关系是经济法无法回避的基本问题,我国现代经济法诸多学说都试图对该问题予以解答,并因此形成经济法学的国家观和市场观两大阵营。人权、国家、市场三者之间存在密切联系,经济法的人权观认为,人权可以成为分析国家与市场关系的最佳切入点,经济法就是国家为实现人权而干预市场的行为规范,人权可以成为经济法解构和建构的基础范畴。
The relationship between the state and the market is the basic problem that the economic law can not avoid. Many theories of the modern economic law in our country try to answer the question and form the two camps of the country outlook and the market outlook of economic law. Human rights, the state and the market are closely linked. The human rights perspective of economic law is that human rights can become the best starting point for analyzing the relationship between the state and the market. Economic law is the code of conduct for the state to intervene in the market for the realization of human rights. Human rights can Become the basic category of economic law deconstruction and construction.