论法治经济与转型发展

摘要

The relationship from natural economy, planning economy to market economy and social economy is changed to equal, independent, open relationship from hierarchical relationship, relationship of one man in bondage to another, order and submittals. As for power and law, official rank standard, power standard, and legal nihility are turned into people orientation, law orientation and law supremacy. The process of economic modernization is the democratic and legal process in which laws and systems are employed to control power. However, retreat of power is a gradual reform with the contest of control and anti-control. Putting power into cage of regulation should rely on rule of law. Law economy eradicates the special privilege phenomenon, and builds perfect order of market economy.%从自然经济、计划经济到市场经济，社会经济关系由等级关系、人身依附关系、命令和服从关系向着平等、自由、独立、开放的社会关系转变；权和法，由权本位、官本位、法律虚无向着民本位、法律本位、法律至上转化。这个经济现代化进程，是用法律和制度控制权力的民主化法治化过程。然而，权力的退出是渐进式的变革，伴随着控制和反控制的较量。必须依靠法治，把权力关进制度的笼子，建立法治经济，根除特权思想和特权现象，建立起完善的市场经济秩序。