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随着社会主义市场经济体制的建立,政府职能的转变,越来越多的经济关系和经济活动需要运用法律手段来调节.合同作为联系经济活动的纽带作用将更为重要.然而,目前仍在适用的经济合同法是在计划经济体制下诞生的,它的有些规定已不适应社会主义市场经济发展的需要,因此,当前摆在我们经济审判工作面前的一个新课题是;如何进一步解放思想,破除长期形成的计划经济的传统观念和小生产意识,充分发挥调节经济关系的职能作用,保障和促进社会主义市场经济体制的建立.本文试就审理超越“经营范围”和违反“经营方式”的经济合同纠纷案中经常遇到的几个问题谈些肤浅的看法,以期引起广大司法工作者的深思.
With the establishment of a socialist market economic system and the transformation of government functions, more and more economic and economic activities need to be regulated by legal means, and the contract will be more important as a link between economic activities. However, The applicable law of economic contract was born under the system of planned economy, and some of its provisions are no longer suitable for the needs of the development of the socialist market economy. Therefore, a new task currently facing our economic trial work is how to emancipate our minds further, We should eliminate the traditional concept of planned economy and the awareness of small-scale production that have been formed for a long time and give full play to the functional role of regulating economic relations so as to safeguard and promote the establishment of a socialist market economic system.This paper attempts to examine the problems that exceed the scope of business and violate the mode of operation Economic contract disputes often encountered several problems to talk about some superficial view, with a view to arouse the consideration of the majority of judicial workers.