Economic law: 1, restricting the autonomy of the will; 2. Emphasize the protection of some market players; 3. Focus on reducing the damage caused by social and economic shocks from the coordination of macro interests, so as to improve efficiency and enhance people's interests; 4. Economic, social and ecological goals; 5. It has national characteristics and highlights localization; 6. Weak stability.
Civil and Commercial Law: 1, emphasizing autonomy of will; 2. Emphasize equal protection for all market players; 3. Focus on promoting people's interests, improve efficiency by ensuring free trade and free competition, and start from the micro level and the power needed for economic development; 4. Pay attention to economic goals; 5. International use; 6. Emphasize globalization; And has strong stability.
Second, the profound difference between economic law and civil and commercial law.
1. The assumption of market subject is different, and the assumption of market subject adjusted by civil and commercial law is equal and homogeneous "economic man"; Economic law assumes that the market subject it adjusts is an unequal, heterogeneous economic man and social man with specific personality.
2. The assumption that the market as a whole is different. The whole market assumed by civil and commercial law originates from classical economics, and the whole market is a simple addition of market individuals. The increase of individual interests in the market means that the overall interests of the market will inevitably increase; Economic law assumes that the whole market is an organic combination of market individuals, and the increase of individual interests in the market does not necessarily lead to the increase of overall interests in the market.
3. The hypothesis of the relationship between government and market is different; Civil and commercial law is based on the assumption that the government is outside the market, emphasizing that the market is omnipotent and the government is incompetent; Economic law holds that the government is an endogenous variable of economic life in the market, not an exogenous variable.
Third, the relationship between economic law and civil and commercial law.
1. Adjust the cross relationship. Civil and commercial law mainly adjusts microeconomic relations, while economic law adjusts both microeconomic relations and macroeconomic relations.
2. The functions are complementary, and the civil and commercial law is the normal law of the market economy, and the market subjects are guided to consciously abide by the market rules through arbitrary norms; Economic law is the abnormal law of market economy.
3. Convergence of orientation, the modernization of civil and commercial law means the socialization and publicity of private law, and its value orientation is increasingly consistent with economic law.
4. Elements are universal. Between these two methods, some elements can be universal in a certain range and under certain conditions. Management right, legal person system, civil liability system, etc.