论市场经济与法治政府
张允起
【摘 要】本文梳理学术史上关于市场概念、政府职能、法治内涵的相关论述，阐发市场、政府与法治三者之间的内在关系。首先讨论市场的概念，澄清“市场原教旨主义”、市场的性质、自由交易的内涵、经济人假设、“看不见的手”、“自然自由制度”等基础概念；其次考察市场与政府的关系，探讨市场的起源与类型、自由市场与政府职能、政府管制问题；最后考察法治国家前提下市场与政府的关系，论述法治的内涵、法治与政府、自由裁量权问题。本文试图通过对以上基础概念和相关问题的考察与探讨，厘清学界认识上的模糊偏颇之处，为市场经济与法治政府关系研究提供基础理论知识，从而杜绝上述问题上的不毛之论。
【关键词】市场概念 自由交易 政府职能 法治政府 自由裁量权
Abstract: This paper sorts out the relevant discourses on the concepts of market, government functions, rule of law in academic history, and expounds the internal relationship between the market, the government and the rule of law. Firstly, it discusses the concept of the market, by clarifying the “market fundamentalism”, the nature of the market, the connotation of free trade, the assumptions of the economic man, the “invisible hand”, the “natural freedom system” and other basic concepts; secondly, it examines the relationship between market and government, by analyzing the origin and the types of market, the connotation of free market, government functions, and government regulation issues; finally, it examines the relationship between the market and the government under the premise of the rule of law, and discuss the connotation of the rule of law, the interaction between rule of law and government, and the issue of discretion. This paper attempts to clarify the vague and biased aspects that are existed in academia through the investigation and discussion of the basic concepts and related issues above, and to provide basic theoretical knowledge for the study of the relationship between market economy and rule of law, in order to eliminate the lack of theory on the issues above.
Key words: the concept of market, free trade, government functions, a rule of law government, discretion