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经济法限令已经成为经济转轨时期一种广泛存在的客观事实,但其存在的正当性基础遭到了质疑,在具体实施中也引发了负外部性问题,因此在对经济法限令进行实证比较研究的基础之上寻求限令规制的法治路径尤为重要。在穷尽救济原则的指导下,对限令颁布的条件和程序进行合理设计,并完善监督机制和司法救济机制,将成为限令规制的理想进路。
The restriction of economic law has become a widespread objective fact in the period of economic transition. However, the legitimacy base of its existence has been questioned, and also caused the problem of negative externalities in the concrete implementation. Therefore, in the empirical comparative study of the restriction of economic law The path of the rule of law seeking restriction order on the basis is particularly important. Under the guidance of the principle of providing relief, the reasonable design of the conditions and procedures for the promulgation of the order and the improvement of the supervision mechanism and judicial relief mechanism will be the ideal way to restrict the regulation.