經濟法的立法路徑選擇

Legislative Path Selection of the Economic Law

在法治建設的新時期，經濟法的立法路徑如何選擇，事關整體法治的完善和發展。經濟法的立法路徑可分爲兩類，即集中立法路徑（ 包括法典化路徑和統合立法路徑）和分散立法路徑（包括分領域、分行業的單行立法路徑），兩類路徑皆有其必要性、合理性和局限性。基于我國經濟法立法的需要與可能，目前應兼顧各類路徑的優勢，將統合立法與單行立法有機結合，從而形成相互協調的多元立法路徑。爲此，既要基于各具體領域、行業的特殊性和差异性，加强個別立法或單行立法，又要推進統合立法，不斷提升立法層級，增强立法的協調性和系統性，從而持續提高整體經濟法立法的質量和效益，實現其多元調整目標。經濟法的立法路徑選擇，不僅涉及經濟法的立法理論、法治理論或運行理論，也與經濟法的本體論、價值論、規範論、範疇論等密切相關，對其進行深入研究有助于爲經濟法立法提供重要的理論支撑，幷推進經濟法學研究的發展。

In the new era of construction of rule by law, how to choose the legislative path of economic law is related to the improvement and development of the overall process of rule by law. The legislative path of economic law can be divided into two categories. The one is centralized legislative path (including codification path and unified legislative path), and the other one is decentralized legislative path (including separate legislative path by field and industry), both of which have their necessity, rationality, and limitations. Based on the needs and possibilities of China’s economic law legislation, at present, we should consider the advantages of various paths, organically combine unified legislation with separate legislation, and form a coordinated pluralistic legislative path. Therefore, it is necessary to strengthen special legislation or separate legislation based on the particularities and differences of each specific field and industry. Also, it is necessary to promote integrated legislation to continuously improve the level of legislation and enhance the coordination and systematization of legislation, so as to continuously improve the quality and efficiency of overall economic law legislation and achieve its diversified adjustment goals. The legislative path selection of economic law not only involves the legislative theory, rule of law theory or operation theory of economic law, but also closely related to the ontology, value theory, normative theory and category theory of the economic law, and its in-depth study is conducive to providing important theoretical support for economic law legislation and promoting the development of economic law research.