论金融危机与经济法价值的回归——政府行为视角

摘要

Economic crisis and monopoly led to the government intervention of the market economy,so the economic law was generated.The core value of the economic law was fair,that was,the government had the right of market intervention through legislation,so as to realize the fair of market trade.The essence of financial crisis was credit crisis,the direct reason of this economic crisis was the detachment between financial capital and entity industry,and the direct cause of the detachment was lack of standardized of financial innovation by law.Therefore,the government should re-examine its behavior,standardize the relationship between financial capital and entity industry explicitly through legislation in financial innovation,find the direct cause of the financial crisis,and guide the market deals with their own financial crisis by using the simple value of economic law.%经济法最核心的价值就是公平,即通过立法赋予政府干预市场的权利,以实现市场交易公平。金融危机实质是信用危机,本轮经济危机直接原因是金融资本与实体产业的脱离,而法律对金融创新缺乏规范是金融资本与实体产业脱离的直接诱因。为此,政府需要重新审视自身行为,在金融创新过程中通过立法明确规范金融资本与实体产业的关系,发现导致金融危机的直接原因,并用经济法的简单价值引导市场处理自身金融危机。