Economic Freedom And Economic Law

Nowadays, a "theoretic research tendency" appears in Chinese law community. There is no exception in economic law community. For a long period of time, many economic law scholars intend to break away from the influence of the thinking from pragmatism, empiricism and utilitarianism, and try to make systematic and scientific interpretations to the intrinsic theories of economic law from various perspectives.Economic freedom is the intrinsic requirement of market economy, and is the basic theory that economic law must be concerned with. According to the historical development logics "free market economy period-modern market economy period-contemporary market economy period", seeking after the historic transformation path "night watch government-intervention government-hybrid government", the first three chapters of this paper, on the one hand, mainly concerns the transformation of economic thoughts "economic liberalism-government interventionism-new economic liberalism", on the other hand, they examine the interaction statuses between government and market in these different three periods. Under these three different interaction statuses, legal system, especially the creation and development of economic law will be researched.These chapters will explain that, for contemporary economic law, economic law theory is an unabandonable as well as quite significant theory. The last chapter of this paper puts forth that, in the unique context of Chinese economic law, due to the fundamental difference of its origin background, Chinese economic law has been lacking in economic freedom theory since its birth date. However, economic freedom theory has a really asymptotic penetration in the practice of Chinese economic reformation. The establishment of economic theory is of realistic meaning for China. The research on economic freedom theory of economic law will greatly benefit the basic theory and economic practice of Chinese economic law.