思考之一:完善经济合同有效要件必须改革立法方式,更新立法观念,注重弹性立法。作为独立法律部门的经济法是在十一届三中全会以后才提出和确立的,由于实践的时间还不长,在今天看来作为经济法组成部分的经济合同有效要件很不完善,亟需通过修改经济合同法予以充实、完善。在立法或修法意向上,要改革陈旧单一的立法方式,更新立法观念,注重弹性立法。我国对立法的制定,习惯于先实践后立法。从认识论观点看,这种立法方式是无可非议的,但仅限于此,我们的认识若停留在 One of the reflections: To perfect the effective elements of economic contracts, we must reform the legislative methods, update the concepts of legislation, and pay attention to flexible legislation. The economic law, as an independent legal department, was proposed and established after the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China. Due to the fact that it has not been practiced for a long time, the effective elements of an economic contract as an integral part of economic law are far from perfect and urgently needed By modifying the economic contract law to be substantial, perfect. In the legislative or legislative intent, we must reform the old and outdated legislation, update the concept of legislation, and pay attention to flexible legislation. China's legislation on legislation, accustomed to the legislation after practice. From an epistemological point of view, this kind of legislative approach is beyond reproach, but only for this reason. If our knowledge stays at