中国经济法治的问题及其改进方向

中国的经济法治在整个法治体系中日益重要，但存在突出的“刚性不足”问题，并由此形成了“柔性法治”的特色。对“柔性法治”的认识需一分为二，应正视其在经济和法治等领域的积极作用和消极影响，从而扬长避短，适度增强法治的刚性，这是中国经济法治的改进方向。中国未来的经济法治应当宽严结合、刚柔并济，以充分保障各类市场主体的经济自由，并使其通过公平竞争而各得其所；同时，还应统分结合，激励相容，以切实保障各类公共物品的供给，实现整个经济和社会的良性运行和协调发展。
Decisions of The NPC Standing Committee to authorize the pilot of local reform had been discussed by researchers because of their legitimacy. The differencebetween the researchers involved in the discussion is whether the temporary adjustment or suspension is the revision of law or not. The trial mode of revision of law, which is created by these decisions, had been confirmed by the article 13 of Legislation Law of the PRC (2015 Amendment). This mode, in the background of comprehensively deepening reform and comprehensively promoting rule of law, is a significant pattern of reform led and protected by the rule of law, a realistic choice improving socialist legal system with Chinese characteristics and a feasible way to coordinate the relationship between the rule of law and reform. The roles that The NPC Standing Committee’s decisionscan play must depend on strengthening and perfecting relevant reporting system.