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经济法与民法作为规制市场交易和经济运行的主要法律,是社会主义市场发展的重要制度保障,理清两者之间的差异有着重要的理论和现实意义。本文选择“经济人”假设的视角,以“经济人”假设的完善和传统民法的修正及经济法的勃兴为线索,对经济法与民法的差异进行经济学诠释,最后指出经济法建立在有限理性经济人假设的基础上,而传统民法则建立在完全理性经济人假设的基础上。
Economic Law and Civil Law, as the main laws regulating market transactions and economic operations, are important institutional guarantees for the development of the socialist market. It is of great theoretical and practical significance to sort out the differences between the two. Based on the hypothesis of “economic man”, this article takes the perfection of “economic man” hypothesis and the revision of traditional civil law and the flourishing of economic law as the clues, and makes an economic interpretation of the difference between economic law and civil law. Finally, it points out that economic law is based on limited Rational economic man based on assumptions, while the traditional civil law is based on the assumption of a fully rational economic man.