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经济法、社会法等作为现代法律体系中的新兴法律部门,与民商法、行政法等传统法律部门之间存在法律规范大量交集融合的现象。传统理论解释不承认独立法律部门之间这种法律规范交集融合的现象,导致或者否定经济法、社会法属于独立法律部门,从而将现实法律中法律规范交集融合现象强行拆归于传统法律部门,或者承认经济法、社会法属于独立法律部门,但将这种法律全部归于新兴法律部门两种完全对立的观点。这种解释既不符合现代立法实践的要求,也不利于理顺传统法律部门与新兴法律部门之间的关系。因此,对两类法律部门法律规范交集融合现象需要有理论上的创新解释,即承认两类法律部门之间法律规范交集融合的现象,是现代法律体系两类法律部门共存的必然要求,同时也具有法学理论和法律实践上的合理性。
As an emerging legal department in the modern legal system, economic law and social law have a large number of laws and regulations that converge and converge with traditional legal departments such as civil and commercial law and administrative law. Traditional theoretical explanations do not recognize the fact that such legal norms intersect and converge between independent legal departments, leading to or denying economic law and social law as belonging to independent legal departments, so as to forcibly dismantle laws and regulations in the real law and disintegrate them into traditional legal departments or While recognizing economic law, social law is part of an independent legal branch, but all of this law is attributed to two diametrically opposed views of the emerging legal branch. This interpretation neither meets the requirements of modern legislative practice nor does it help to straighten out the relationship between the traditional legal department and the emerging legal department. Therefore, it is necessary to have theoretically innovative explanations for the law fusion of the two types of legal departments. That is, recognizing that the legal norms in the two legal departments intersect and converge is an inevitable requirement for the coexistence of the two legal departments in the modern legal system. At the same time, With the legal theory and legal practice of rationality.