经济法视野中的公平
发布时间：2018-11-04 18:38
【摘要】：公平观念古老而又持久，是人们普遍认可的崇高价值，但由于公平观的不同，建立在公平观上的法律以及其所保障的公平或追求的道路也大相径庭。经济法对于公平正义自有其独特的追求，否则它与其他法律部门没有分别，也就没有必要成为一个法的部门。本文从实质公平的思想理路出发来回答“经济法是什么”，力图使经济法作为国家协调宏观经济的主要法律手段而在利益的分配协调中贯彻公平原则，使人们所得与应得、所付与应付相称，，实现利益的公平分配，从而保障各项改革措施的顺利推进和社会稳定。 传统民商法的公平是以个人主义为指导，以抽象的人格平等为假设条件的，强调机会均等、一视同仁。但是，现代社会的发展导致人们相互之间的能力、财富等方面存在极大的差别，如果法律对这些先天性不平等的现象视而不见，依然对所有人一视同仁，就会使不平等变得天经地义，甚至加剧这种不平等。经济法则不同，它将实质公平引入自己的价值体系中，在认同分配差异所具有的经济意义上的合理性的同时，更兼顾社会意义上的合理性，体现经济法独特的人文关怀。它强调在经济生活中，人们追求利益最大化的行为必须对全社会的经济发展而不仅仅是对某个个别化的特定利益承担义务，着眼于维护社会的公共利益，对市场主体的行为进行正义规制，保障政府规制市场领域的行为符合正义，促使社会经济有序运行和发展，以达到有利于全体社会成员的善。经济法是经济社会化条件下的实质公平，是一种追求最大多数社会成员之福祉的、社会主义的公平观，其核心内容是社会整体经济利益的实现。本位以经济法的实质公平为主线，以社会公共利益为主题，以消除不合理的差距、社会成员共享改革发展的成果为落脚点，结合历史与现实，对经济法的公平理论和基本范畴进行了比较研究与阐释。本文分为七大部分。第一部分考察了公平理念及其历史发展，并对作为法律价值的公平进行了发掘。第二部分从经济法产生的基础，审视和阐释了经济法公平的建构基石是社会公共利益。第三部分至第五部分论证了经济法公平的总体内容和核心内容。第六部分重新审视了公平与效率的关系。第七部分探讨了与经济法公平实现密切相关的贫困问题。
[Abstract]:The concept of fairness is old and lasting, which is generally accepted as a lofty value. However, due to the different views of equity, the law based on the concept of equity and the path of fairness or pursuit guaranteed by it are also quite different. Economic law has its own pursuit of fairness and justice, otherwise it is not different from other legal departments, so it is not necessary to become a department of law. This paper answers "what is economic law" from the ideological way of substantive fairness, and tries to make economic law as the main legal means of national coordination of macro-economy and carry out the principle of fairness in the coordination of distribution of interests, so that people can get and deserve it. The fair distribution of benefits ensures the smooth progress of reform measures and social stability. The fairness of traditional civil and commercial law is guided by individualism and based on abstract personality equality, emphasizing equal opportunities and equal treatment. However, the development of modern society leads to great differences in people's abilities, wealth, etc. If the law turns a blind eye to these congenital inequalities, it still treats all people equally. It makes inequality natural and even exacerbates it. Economic law, on the other hand, introduces substantive fairness into its own value system, while recognizing the rationality of the economic meaning of the difference in distribution, it pays more attention to the rationality in the social sense and embodies the unique humanistic concern of the economic law. It emphasizes that in economic life, people's pursuit of maximum benefits must assume obligations towards the economic development of society as a whole and not only towards a particular interest that is individualized, with a view to safeguarding the public interest of society, The behavior of the main body of the market should be regulated just to ensure that the behavior of the government in the field of regulation of the market conforms to the justice and to promote the orderly operation and development of the social economy in order to achieve the good for all the members of the society. The economic law is the essential equity under the condition of economic socialization and a socialist fair view which pursues the welfare of most members of the society. The core content of economic law is the realization of the whole economic interests of the society. The standard takes the substantive fairness of economic law as the main line, the social public interest as the theme, eliminates the unreasonable disparity, and the social members share the fruits of reform and development as the foothold, combining history and reality. The fair theory and basic category of economic law are comparatively studied and explained. This paper is divided into seven parts. The first part examines the concept of fairness and its historical development, and as a legal value of fairness. The second part, from the foundation of economic law, examines and explains that the foundation stone of economic law equity construction is social public interest. The third to fifth parts demonstrate the overall content and core content of economic law equity. The sixth part reexamines the relationship between fairness and efficiency. The seventh part discusses the poverty problem which is closely related to the fair realization of economic law.
【学位授予单位】：西南政法大学
【学位级别】：博士
【学位授予年份】：2006
【分类号】：D912.29
本文编号：2310800
[Abstract]:The concept of fairness is old and lasting, which is generally accepted as a lofty value. However, due to the different views of equity, the law based on the concept of equity and the path of fairness or pursuit guaranteed by it are also quite different. Economic law has its own pursuit of fairness and justice, otherwise it is not different from other legal departments, so it is not necessary to become a department of law. This paper answers "what is economic law" from the ideological way of substantive fairness, and tries to make economic law as the main legal means of national coordination of macro-economy and carry out the principle of fairness in the coordination of distribution of interests, so that people can get and deserve it. The fair distribution of benefits ensures the smooth progress of reform measures and social stability. The fairness of traditional civil and commercial law is guided by individualism and based on abstract personality equality, emphasizing equal opportunities and equal treatment. However, the development of modern society leads to great differences in people's abilities, wealth, etc. If the law turns a blind eye to these congenital inequalities, it still treats all people equally. It makes inequality natural and even exacerbates it. Economic law, on the other hand, introduces substantive fairness into its own value system, while recognizing the rationality of the economic meaning of the difference in distribution, it pays more attention to the rationality in the social sense and embodies the unique humanistic concern of the economic law. It emphasizes that in economic life, people's pursuit of maximum benefits must assume obligations towards the economic development of society as a whole and not only towards a particular interest that is individualized, with a view to safeguarding the public interest of society, The behavior of the main body of the market should be regulated just to ensure that the behavior of the government in the field of regulation of the market conforms to the justice and to promote the orderly operation and development of the social economy in order to achieve the good for all the members of the society. The economic law is the essential equity under the condition of economic socialization and a socialist fair view which pursues the welfare of most members of the society. The core content of economic law is the realization of the whole economic interests of the society. The standard takes the substantive fairness of economic law as the main line, the social public interest as the theme, eliminates the unreasonable disparity, and the social members share the fruits of reform and development as the foothold, combining history and reality. The fair theory and basic category of economic law are comparatively studied and explained. This paper is divided into seven parts. The first part examines the concept of fairness and its historical development, and as a legal value of fairness. The second part, from the foundation of economic law, examines and explains that the foundation stone of economic law equity construction is social public interest. The third to fifth parts demonstrate the overall content and core content of economic law equity. The sixth part reexamines the relationship between fairness and efficiency. The seventh part discusses the poverty problem which is closely related to the fair realization of economic law.
【学位授予单位】：西南政法大学
【学位级别】：博士
【学位授予年份】：2006
【分类号】：D912.29
【引证文献】
相关期刊论文 前3条
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3 曹森林;张婷婷;;经济法的公平价值观[J];商;2013年03期
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