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从实行改革开放到当下,以《中华人民共和国民法通则》以下简称(《民法通则》)的颁布和社会主义市场经济体制改革目标的确立作为两个结点,可以把中国经济法近30年的历程大致划分为三个阶段。从每个阶段的经济背景与法律思潮、立法情况、代表性法规这三者的互动中,可以梳理出中国经济法的发展脉络,并发掘出有益的经验和教训。30年的改革开放取得了举世瞩目的成就,根本上在于国家作为一股理性、敏锐而强有力的经济力量,在法治趋势的牵制下,与国民经济的整体和局部紧密相连。而中国经济法在促进并调整政府与国民的这种“捆绑式竞争”中彰显出巨大的价值和意义,则是改革开放以来中国经济法发展、勃兴的根本原因所在。
From the implementation of the reform and opening up to the present, taking the following abbreviation of “General Principles of Civil Law of the People’s Republic of China” (“General Rules for Civil Law”) and the establishment of the goal of the reform of the socialist market economy as two nodules, the economic law of China for nearly 30 years The process is roughly divided into three stages. From the interaction between the economic background and legal trend of thought, the legislative situation and the representative laws and regulations in each stage, we can sort out the development context of China’s economic law and find useful experiences and lessons learned. The 30 years of reform and opening up have made remarkable achievements. Basically, the state, as a rational, sharp and powerful economic force, is closely linked with the whole and part of the national economy under the influence of the rule of law. However, the great value and significance of the Chinese economic law in promoting such a “bundled competition” between government and nationality are the fundamental reasons why China’s economic law has flourished since the reform and opening up.