论民法与经济法价值定位的二元互补律(国外英语资料).doc

论民法与经济法价值定位的二元互补律(国外英语资料) On the complementary law of two elements in the value orientation of civil law and economic law Author: He Ping [classification number] D913 [document identification code] a The value is one of the basic categories of the science of law, the classic period in the history of law, whether in ancient times or in modern times, the use of value argument, criticism or logical, were main activities of jurists. [1] the same legal departments, conflicts and coordination between different forms of value has attracted widespread attention, but the different value system formed in different legal departments of the same form of value judgment, are often ignored by people. In fact, the orientation of the same legal value in different departments is the most internal manifestation of the difference between the Department laws. From this point of view, it is an interesting topic to investigate what conclusions the civil law and the economic law can draw. I. differences of value orientation between civil law and economic law According to peoples general understanding, fairness, order, effectiveness and freedom should be the basic form of legal value. We may as well study the value orientation of civil law and economic law from these four basic aspects. (1) fairness Fairness is the product of peoples choice. People always look at it from a different angle. The view of justice in civil law and economic law reflects what kind of human needs in the social and economic life? The civil law fair emphasizes that when all the subjects are equal in their distribution of resources, social cooperation interests and burdens, they can all seek their own efforts and exclude the interference of market factors. This kind of view of fairness always appears in the economic practice through the comparison of individual and individual, that is to say, it emphasizes the symmetry between interest and burden distribution in the specific transaction related. This view of equity ma