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法的价值是社会价值系统中的子系统,一般包括公平、自由、平等、安全、效率和秩序等内容。涉外经济法蕴涵了现代公认的法的共同价值,但又有自身的调整视角与运作模式。以此为参照,检视台湾地区相关祖国大陆经贸法规,显见其与法的价值出现了明显背离,并严重窒碍了两岸经贸关系的正常发展。究其原因,就规范角度而言,可归结于规范选择的偏差,即政策超越了其所应扮演的角色,特别规范及“公法”规范泛化并沦为执政者限制两岸经贸往来的工具。
The value of law is a subsystem of social value system, generally including such contents as fairness, freedom, equality, security, efficiency and order. Foreign economic law implies the common value of the modern recognized law, but has its own perspective of adjustment and mode of operation. Using this as a reference to examine the economic and trade laws and regulations of the motherland in Taiwan, it is clear that there is a clear departure from the value of the law and seriously hampered the normal development of cross-Strait economic and trade relations. The reason, from a normative point of view, can be attributed to the deviation of normative choice, that is, the policy goes beyond the role it should play, and the special norms and the “public law” norms are generalized and become rulers to limit cross-strait economic and trade exchanges tool.