论独立监管机构的经济法主体地位——以马克思主义社会权力机构学说为视角-《南京师大学报》（社会科学版）

文章信息/Info

Title:: Independent Regulatory Agencies as a Subject in Economic Law:From the Perspective of Marxist Theory of Social Agencies

Keywords:: independent regulatory agencies; subjects in economic law; interactive model

摘要:: 早在19世纪中叶,马克思、恩格斯就已经预见到社会权力机构的兴起,这一预见已被中西方主要国家独立监管机构的产生与发展实践所证明。作为日益重要的经济管理主体,独立监管机构的公益代表性与权力合一性完全契合经济法主体特征的基本要求,亟需在经济法主体理论上对此作出回应。纳入独立监管机构考量后的经济法主体理论更加完善,可以明晰国家与政府在经济法主体类型上的差别,解释政府作为经济法主体和行政法主体在性质上的不同,并在一定程度上回答了社会中间层的经济法主体地位问题。基于独立监管机构的发展现状与趋势,经济法主体将呈现出“政府——独立监管机构——市场主体”互动模式。

Abstract:: As early as in the middle of the 19th century, Marx and Engels had already predicted the rise of social agencies. Their prediction has been confirmed by the emergence and sound development of independent regulatory agencies in the major Western countries. As an important economic management body, independent regulatory agencies, characterized by their representation of public interests and integration of legislative, judiciary and administrative powers, are totally in accordance with the basic requirements of a subject in economic law, and thus it is urgent that their legal status be defined in the theories of the subjects in economic law. Taking independent regulatory agencies into consideration, theory of the subjects in economic law can be improved by distinguishing their legal status from that of the state and government: explaining the differences between the government’s legal statuses as subjects in economic law and administrative law respectively, and defining the legal status the social intermediate bodies have in economic law. Given the quick development of independent regulatory agencies, they will play a key intermediary role between the government and the market entities, and thus an interactive model of “government-independent regulatory agencies-market entity” will form between the three major subjects in economic law.