浅谈经济法法律责任的承担形式

发布时间：2018-09-09 09:20

【摘要】：法律责任是法的基本构成要素,权利的行使、实现,义务的履行,纠纷的解决,都要归结为法律责任。所以,和其他部门法一样,法律责任同样也是经济法中不可或缺的内容。因此,违反经济法法律规定是一定要承担相应法律责任的。我国的经济法制建设从20世纪70年代开始,起步较晚,几乎是与民商法、行政法同时发展的,远远不能适应市场经济的发展。而其发展不可避免地受到传统部门法的巨大阻碍和排拒。这样使得经济法责任如何存在备受关注。文章通过对经济法的法律责任的分析,认为其责任承担方式应该是一种综合性的,包括民事、刑事、行政责任以及社会责任在内。我们必须承认,现在社会中有越来越多的现象很难用这三种责任进行规之,或者说有一些规制的手段难以划入以上任何一类之中,比如,上市公司的信息披露义务等。因此,我认为有必要引入一个新的责任形式——社会责任,作为第四种法律责任存在。
[Abstract]:Legal liability is the basic element of law. The exercise, realization, obligation and dispute settlement of the right should be attributed to the legal responsibility. Therefore, legal liability is also an indispensable part of economic law, just like other branch laws. Therefore, the violation of the provisions of economic law is bound to bear the corresponding legal responsibility. The construction of economic legal system in our country began in the 1970s and started late. It has developed at the same time with civil and commercial law and administrative law, which is far from suitable for the development of market economy. However, its development is inevitably hindered and rejected by the traditional branch law. In this way, the existence of economic law liability has attracted much attention. Through the analysis of the legal liability of economic law, the author thinks that the way to assume the responsibility should be comprehensive, including civil, criminal, administrative and social responsibility. We must admit that there are more and more phenomena in the society which are difficult to regulate with these three kinds of responsibilities, or some means of regulation are difficult to fall into any of the above categories, for example, the disclosure obligations of listed companies and so on. Therefore, I think it is necessary to introduce a new form of responsibility-social responsibility, as the fourth kind of legal liability.
【作者单位】：中国人民大学法学院;
【分类号】：D912.29

【共引文献】