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论在法治轨道上推动经济发展

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经济发展与法治建设,是实现国家现代化的两大基本路径,基于两者之间的紧密关联,应结合当前影响高质量发展的突出问题,着力在法治轨道上推动经济发展.法治轨道包括"有形之轨"和"无形之道"两个层面,只有将两者有机结合,才能形成有助于保障和促进经济发展的"良法善治".鉴于市场经济就是法治经济,既要强调经济发展应依循法治轨道,又应通过法治轨道的持续优化来推动经济的高质量发展.为此,尤其应处理好"法治与现代化""法治与发展"的关系,构建"发展导向型法治",从而在法治轨道上推进统一大市场建设,持续优化营商环境,这既有助于丰富经济法治理论,深化整体法治理论的研究,也有助于推动"发展法学"乃至整体法学的发展.
On Promoting Economic Development on the Track of the Rule of Law
Economic development and the construction of the rule of law are two basic paths to realize the modernization of the country.Based on the close connection between them,we should strive to promote economic development on the track of the rule of law,taking into account the current outstanding issues affecting high-quality development.The track of the rule of law includes both levels of the"tangible track"and the"intangible way".Only an organic combination of them can lead to the"good law and good governance"that helps to safeguard and promote economic development.Given that a market economy is an economy gov-erned by the rule of law,we should not only emphasize that economic development should follow the rule of law,but also promote high-quality economic development through the continuous optimization of the rule of law.To this end,it is particularly important to address the relationship between"the rule of law and modernization"as well as"the rule of law and development",and to build a"development-oriented rule of law",so as to promote the construction of a national unified market under the rule of law and continuously optimize the business environment.This not only helps to enrich the economic law theory of the rule of law and deepen the research of the overall theory of the rule of law,but also helps to promote the development of"development jurispru-dence"and even the development of jurisprudence as a whole.

track of the rule of laweconomic developmentunified marketbusiness environmentrule of law theory

张守文

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北京大学法学院,北京 100871

法治轨道 经济发展 统一大市场 营商环境 法治理论

国家重点研发计划

2022YFC3301900

2024

法学论坛
山东省法学会

法学论坛

CSTPCDCSSCICHSSCD北大核心
影响因子:1.873
ISSN:1009-8003
年,卷(期):2024.39(3)
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