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市场经济是我国经济体制改革的目标模式。它的建立和发展正在改变传统法学的体系、内容和研究方法。如何适应这一新的经济模式,加强法律对市场经济的制约与调整,已成为当前亟待解决的法学新课题。一、市场经济的特征市场经济的性质是什么?法学界和经济学界都有较多的争议。撇开各种争论焦点,从本质上看,市场经济应当包纳两个主要内容:一是通过价值杠杆促进生产和需求的相对协调,将资源配置到最佳状态;二是将竞争机制引入市场,使商品生产者和经营者在竞争中实现优胜劣汰。可见,市场经济体制建立的目的,就是要使人力、物力得到最充分的运用,实现最佳的经济效益和社会利益。因此,市场经济的特征主要表现为:(一)市场经济足受价值规律自发调节的经济商品生产和交换是不以人们意志为转移的客观规律运动的,这个规
Market economy is the target mode of our country’s economic system reform. Its establishment and development are changing the system, content and research methods of traditional jurisprudence. How to adapt to this new economic model and to strengthen the restriction and adjustment of laws on the market economy have become the new topics of law that are urgently to be resolved. First, the characteristics of the market economy What is the nature of the market economy? Law and economics are more controversial. Putting aside all kinds of controversy, in essence, the market economy should include two main elements: First, through the value lever to promote the relative coordination of production and demand, the allocation of resources to the best condition; the second is the introduction of competition mechanisms into the market, So that commodity producers and operators in the competition to achieve survival of the fittest. It can be seen that the purpose of establishing a market economic system is to make the best use of manpower and material resources to achieve the best economic and social benefits. Therefore, the characteristics of the market economy are mainly manifested in the following aspects: (1) The market economy is an objective law of movement that does not depend on the will of the people for the sake of economic production and exchange, which is spontaneously regulated by the law of value.