中國式現代化、共同富裕及其經濟法理論解析

Chinese Path to Modernization, Common Prosperity and the Implications for Economic Law

實現共同富裕是中國式現代化的應有之義，也是一個長期、複雜的系統工程。經濟法作為典型的“分配法”和“發展促進法”尤其有助於保障和促進共同富裕目標的實現。基於“目標－手段”、“價值－規範”的分析框架，對於實現共同富裕所需解決的基本問題和基本矛盾，所需遵循的基本原理和基本價值，以及所需運用的基本手段等基本理論問題，可以從經濟法理論的視角展開解析，由此有助於提煉共同富裕的相關基本理論。鑒於均衡分配和協調發展都是實現共同富裕的基本手段，應在制度規範層面加強兩類手段的有機整合，並在此基礎上提煉“均衡分配理論”和“協調發展理論”。釐清共同富裕的基本理論問題，有助於增進對共同富裕的系統理解，推進其相關制度建設和經濟法治的完善，也有助於深化經濟法學、社會法學和發展法學的理論研究。

To achieve common prosperity for all the people is the essential characteristics and important goal of Chinese path to modernization. It's a long-term and complex systematic project. Common prosperity is not only an economic issue but also a legal issue. It's a matter of distribution as well as a matter of development. As a typical ''distribution law'' and ''development-promoting law'', economic law plays a significant role in ensuring and promoting the realization of common prosperity. Based on the framework of ''objective-means'' and ''value-norm'', we can elucidate from the perspective of economic law theory the core theoretical issues in realizing common prosperity such as the basic problems and principal contradictions to deal with, the fundamental principles and values to follow, and the basic means to take. To achieve common prosperity, in terms of its objectives and values, we should continue to solve the problems of ''two failures'' (the market failure and government failure) and ''two types of imbalance'' (the distribution imbalance and the development imbalance), as well as the contradictions between the promotion of individual profit and the guarantee of social welfare, follow the principles of difference, economy, normativity and balance, and fully reflect the important values of efficiency and fairness, freedom and order, security and development, so as to realize distributive justice and development justice. Correspondingly, in terms of the means and norms to achieve common prosperity, we should comprehensively adopt both approaches of balanced distribution and coordinated development, and strengthen the integration of relevant systems, so as to alleviate the excessive distribution gap, unfair distribution and the resulting imbalance of distribution, and promote the coordinated development concerning the urban and rural, regional, industrial and other dimensions, which is an important path to achieve overall prosperity and common prosperity. On this basis, we can further refine ''the theory of balanced distribution'' and ''the theory of coordinated development''. On the one hand, common prosperity entails balanced distribution, whose goal is not the average distribution of wealth among all members, but the alleviation of distribution gap and the avoidance of unfairness in distribution. On the other hand, common prosperity entails coordinated development, which seeks to relieve the development imbalance and achieve the aims of development through coordinated policies and instruments. As the most important two approaches to common prosperity, positive interactions between ''balanced distribution'' and ''coordinated development'' should be fostered. On the one hand, balanced distribution should be promoted through the application of coordinated instruments stimulating development. On the other hand, better micro and macro conditions for coordinated development should be created through the improvement of the level of balanced distribution. Exploring the basic issues of the ontology, axiology and normative theory of common prosperity is helpful to enrich and improve the basic theory of common prosperity, so as to enhance the systematic understanding of common prosperity, promote the construction of relevant institutions and the improvement of economic rule of law, and also contribute to deepening the theoretical research of economic law, social law and development law.