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经济法是调整劳动力关系,保护劳动力权,体现经济发展公平,不断地把人的劳动力从它作为商品的地位解放出来,保障经济可持续健康发展的法。但学界多把经济法律中所前置或者后缀的调整国家干预经济活动所发生的(经济)行政关系的(经济)行政法,当成经济法。实际上在经济法律中,按照客观经济规律的要求,作为干预主体的国家与受干预主体一起与社会整体之间的以经济发展利益为目标的劳动力关系,以及社会个体与社会个体一起与社会整体之间的以经济发展利益为目标的劳动力关系,这才由经济法调整。经济法的使命是保护社会整体经济发展利益而不是社会整体现存利益,学界的“国家干预经济法论”等,把(经济)行政法当做经济法来指导经济法实践,会使经济法失去独立存在的必要,并将影响其完成使命。出于保障经济可持续健康发展的需要,我们有必要把真正的经济法建设好。
Economic Law is the law that adjusts the labor relations, protects the right of labor, embodies the fairness of economic development, continuously liberates the human labor force from its status as a commodity, and ensures the sustainable and healthy economic development. However, the academic circles mostly refer to the (economic) administrative law that prescribes or suffixes the adjustment of the state intervention in the (economic) administrative relationship of economic activities as the economic law. In fact, in the economic law, in accordance with the requirements of the objective economic law, the relations between the state as the main body of the intervention and the labor force with the goal of economic development and the whole society as a whole, as well as the relationship between the social individual and the social individual as a whole Between the economic development of the interests of the labor relations as the goal, this is adjusted by economic law. The mission of economic law is to protect the overall economic development interests of society rather than the existing interests of society as a whole. The academic circles’ theory of “state intervention in economic law” and the like (“economic administrative law”) are regarded as economic laws to guide the practice of economic law, Lost the need for independence, and will affect its fulfillment of its mission. For the sake of ensuring a sustainable and healthy economic development, it is necessary for us to build a real economic law.