当前,“市场经济就是法制经济”已成为全社会的共识。但不能简单理解为只有市场经济才是法制经济。实际上,没有一种经济活动是没有相应法制的。之所以说,社会主义市场经济在一定意义上是法制经济,是因为没有规矩不能成为方圆。社会主义市场经济如果没有法制的保障,那只能是一片混乱的乌托邦。在计划经济体制下,我们也强调要用法律手段来管理经济,但由于它脱离了一定社会经济发展水平,靠计划来进行社会资源的配置,国家对经济生活实行一元化的全面控制,导致了行政权力的无限扩张。反映到法制建设上来,就是法律对经济生活的调整比较薄弱,经济生活的“人治”状态不可避免。市场经济是一种平权型的经济关系,这种经济关系下的社会资源配置主要靠市场。我国已从宪法 At present, “market economy is the legal economy” has become the consensus of the whole society. However, we can not simply understand that only a market economy is a legal economy. In fact, no economic activity is not legally established. The reason why the socialist market economy is a legal economy in a certain sense is that no rules can not be a radius. If there is no legal guarantee for a socialist market economy, it can only be a chaotic Utopia. Under the planned economic system, we also emphasize the need to use legal means to manage the economy. However, due to its departure from a certain level of social and economic development and the planned allocation of social resources, the state has taken complete and unified control over the economic life and has led to the administration The unlimited expansion of power. Reflected in the construction of the legal system, that is, the law is relatively weak in the adjustment of economic life and the “rule of man” in economic life is inevitable. Market economy is a kind of affirmative economic relations. The allocation of social resources under such economic relations mainly depends on the market. My country has been from the constitution