2007Journal of Northwest University of Political Science and LawRequires access

On the Non-conventionality of Economic Law Study

Ying Fei-h

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Abstract

Compared with other legal studies, the function of economic law decides the non-conventionality of economic law study. The non-conventionality demands us to abandon the thinking patterns in studying economic law. In other words, the train of thought, methodologies and perspectives commonly used in the studies of civic law, criminal law, or administrative law should not be applied to economic law studies in a direct or oversimplified manner. Problems of economic law should not, and cannot either, be investigated and analyzed from the perspective of civil and commercial laws, and etc. Rather, we should find out the “questions and its doctrines” of economic law from market economy and economic law practice on the basis of the distinctions between economic law and traditional ones.

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Compared with other legal studies, the function of economic law decides the non-conventionality of economic law study. The non-conventionality demands us to abandon the thinking patterns in studying economic law. In other words, the train of thought, methodologies and perspectives commonly used in the studies of civic law, criminal law, or administrative law should not be applied to economic law studies in a direct or oversimplified manner. Problems of economic law should not, and cannot either, be investigated and analyzed from the perspective of civil and commercial laws, and etc. Rather, we should find out the “questions and its doctrines” of economic law from market economy and economic law practice on the basis of the distinctions between economic law and traditional ones.

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Available abstract

Compared with other legal studies, the function of economic law decides the non-conventionality of economic law study. The non-conventionality demands us to abandon the thinking patterns in studying economic law. In other words, the train of thought, methodologies and perspectives commonly used in the studies of civic law, criminal law, or administrative law should not be applied to economic law studies in a direct or oversimplified manner. Problems of economic law should not, and cannot either, be investigated and analyzed from the perspective of civil and commercial laws, and etc. Rather, we should find out the “questions and its doctrines” of economic law from market economy and economic law practice on the basis of the distinctions between economic law and traditional ones.

Key concepts: Law, Economic law, Civil law (Civil law), Public law, Comparative law, Commercial law, Private law, Philosophy of law

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