刍议经济法之“龙头法”与史际春宋槿篱教授商榷/潘佳

刍议经济法之“龙头法”与史际春宋槿篱教授商榷/潘佳
刍议经济法之“龙头法”
----与史际春宋槿篱教授商榷

摘要：《财政法是经济法的龙头法》一文中史际春教授和宋槿篱教授从正反两方面论述了财政法的龙头地位。基本概念，相关法律部门关系的认识望文生义，先入为主等失误令人遗憾。合理界定“龙头”的内涵是厘定相关部门法关系的前提，反垄断法不直接具有宪政功能。理论上讲反垄断法是先导的，究竟谁是主导，无法价值判断。不能简单的认为，从着眼于市场角度，反垄断法与民商法无本质区别。
关键词：财政法；经济法；反垄断法；龙头法

Discussion on Economical "leading Law " ---- Questioned with Professor Shi Jichun and Song Jinli

Abstract: The paper of"Disscussion of the financial law is leading in economic law," wrote by Professor Shi Jichun and Professor Song Jinli discusses the pros and cons of the leading position of financial law. Basic concepts, understanding of the relationship related to the legal department look literally, preconceived something looks regrettable . Reasonable definition of the "leading" the content is important,if we want to determine the relationship between relevant law departments.anti-trust law does not have a constitutional function directly. though it is the lead on theory .Actually,who is leading, can not be judge by value. We can;t conclude that from the market, there is no essential difference between anti-trust law and the civil law.

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