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为什么需要经济法?这个答案其实非常简单,是社会经济生活的发展,社会结构的变动,导致传统法律部门无法对社会现实作出有效的调整,促使经济法的出现。正如我们前面所指出的,制度取决于经济发展的需要,取决于制度成本需要降低这一命题。我们现在的法律来源于西方社会,从清朝末期开始,我们从被迫到主动进行“变法”,变的是祖宗留下来的“儒家伦理化的法律”,学习的法律则是从德国、日本翻译过来的法律制度,革命从形式上成功后则开始学习苏联,这些都离不开欧洲大陆法系。追溯上去,我们学习的是罗马时代沿袭和发展过来的规则体系。
Why Economic Law? This answer is actually very simple. It is the development of social economy and the change of social structure. As a result, traditional legal departments can not make effective adjustments to social reality and promote the emergence of economic law. As we pointed out earlier, the system depends on the needs of economic development and on the proposition that the cost of the system needs to be reduced. Our present law comes from western society. From the late Qing dynasty, from the time we were forced to take the initiative to carry out the “change of law,” we turned the “ethics of Confucianism” left by our ancestors. The law of study was translation from Germany and Japan Over the legal system, the revolution started from the formal success of the Soviet Union, these are inseparable from continental law. Tracing back, we are learning from the system of rules followed and developed in Roman times.