Economic law, as a law of state intervention in economy, must change with the changes of social and economic situation and market. As a modern law, economic law must be based on a deep understanding of its fundamental characteristics in order to give full play to its practical function. This paper intends to start with the dynamic and policy nature of economic law, integrate it into the relative softness of economic law, which is different from civil and commercial law and administrative law, and elaborate its causes, contents and significance to economic law practice in detail.

The so-called relative softness of economic law mainly means that in today's rapidly changing economic life, due to the influence of economic changes, economic legislation changes rapidly, and the boundary between legal norms and economic policies is not obvious. Compared with other traditional and stable statutory laws with the color of continental law, it is more flexible and changeable, and it shows non-strictness in economic law enforcement or justice. Therefore, with the help of the concept of "softness" in international law, it is taken as unstable and not tough.

I. the dynamic nature of economic law

(I) the definition of the dynamic nature of economic law

As the embodiment of the value of law, the stability of law has always been favored by scholars. People can expect their own lives according to the law, and then determine their own behavior patterns, which has become an important manifestation of the social function of law. But in essence, all laws are not absolutely stable, because "stability and certainty in themselves are not enough to provide us with an effective and vibrant legal system, and laws must also obey the legitimate requirements put forward by progress", and economic law, as a method of "state intervention in economic operation", needs to be changed in a timely and appropriate manner based on the variability of adjustment objects, which embodies its unique characteristics.

first of all, the theory of "market failure" provides the theoretical basis for economic law to intervene in the market. "Because of the gradual, phased, relative and different market defects, the market demand for state intervention in different periods is different in quality and quantity; Because of the cost of intervention, the ability of intervention and the functional limitation of economic law, the scope of intervention can not be fixed, so the determination of the scope of intervention becomes quite complicated and dynamic, and all fields of national economy may become the objects of state intervention, but the actual areas of intervention are not the same at different stages.

Secondly, even if the market operates in a benign and orderly way, it does not mean that the market is static, but developing in motion. Therefore, the state does not have to intervene in certain economic relations at all times, and the subject scope of economic law will change and present a certain dynamic nature.

Thirdly, from the development trend of economic law, it is deeply influenced by economic theory. Since the Great Depression, Keynesian Revolution and Great Stagflation in the 1931s, the dominant economic thought has penetrated into economic law through economic policies. Based on the contention of economic theory and the choice and use of rulers, economic law has also shown directional changes.

therefore, the dynamic nature of economic law can be defined as: economic law cannot be fixed, and in order to realize the function of state intervention in economy, it must change with the changes of social and economic situation and market.

after defining the concept of dynamic, some scholars compare it with uncertainty and fuzziness, and think that "dynamic is objective and independent of human will, while uncertainty inevitably has a strong subjective color", and "the fuzziness of law is also an uncertainty of law, which is the generic boundary of law and the uncertainty of nature". However, in the concept of subjectivity and objectivity of law in the philosophy of law, we already know that although China has inherited the "theory of the ruling class of law" from the former Soviet Union, the actual and objective laws of social life are still the source of life of law. Without the economic foundation and people's inner recognition of fairness and justice, the social effect of law will be greatly reduced, and even become "evil law". Therefore, when talking about the dynamic nature of law, it already contains the recognition of the basic problem of objectivity of law, so it is unnecessary to emphasize it.

(2) the causes of the dynamic nature of economic law

1. The external conditions of economic law determine

First, the existence of "market failure". Market economy is an economic operation mode of allocating social resources based on the market. "Although it does not have unified intelligence, it solves a production and distribution problem involving hundreds of millions of unknown variables or related relationships that the largest computer can't do." However, in the market economy, there are still many problems in the process of realizing the effective allocation and rational use of resources, that is, market failure. The performance is as follows:

(1) The market function is defective, which is obviously insufficient in providing public products and safeguarding public interests. Public products have a strong "spillover", such as market players can get external economic benefits without paying the price, or they can't get due compensation due to external damage. Moreover, the market mechanism cannot fully provide public products such as national defense, fire protection, science, education, culture and health.

(2) the failure of market competition. The spontaneous action of the law of value often leads to monopoly, which, in turn, will destroy the market mechanism, exclude competition and reduce efficiency to a certain extent.

(3) The market can't realize fair income distribution. The principle of market transactions is equality, voluntariness and equal compensation. However, due to the differences in resource endowments of economic individuals, the income level is bound to be different, and the price fluctuates with supply and demand. The spontaneous adjustment of the market is likely to widen the income gap and concentrate wealth in the hands of a few people. That is, it has become a major factor in social instability.

(4) There is some blindness in market regulation itself. The regulation of the law of value to the market is actually an ex post facto regulation, and there is a certain time lag from price formation, information feedback to product production.

(5) asymmetric market information. The market subject is limited and rational, and the lag and deviation of market price make information scarce, especially the asymmetric information distribution between the two parties, which will lead to the moral hazard of speculative adverse selection of the subject and the bad money driving out the good money in the commodity market.

(6) There is an economic cycle. Economic cycle is the most typical example of individual rationality leading to collective irrationality. In the market system, every market subject pursues the maximization of its own interests, and no subject is subjectively responsible for the macro efficiency of the market. In other words, the market is an organism without "brain and heart", so it is inevitable to lose its direction in the process of operation.

Market failure appears gradually in the process of market development, and fluctuates with the changes of economic structure, economic scale and market maturity, thus showing "dynamic". Therefore, the economic law that intervenes in this regard must also have dynamic characteristics. The means mainly for adjustment have the characteristics of comprehensive and changeable.

Secondly, the existence of "government failure". Various economic theories that advocate the use of government macro-control measures to intervene in the economy are based on the understanding that the government has more information than a single economic subject, which in a sense means that the government is an omniscient and omnipotent single subject, so it can effectively eliminate the trial mistakes of a single subject in economic activities. However, the fact of "great stagflation" in the 1971s shows that, like the failure of the market mechanism, the government also has a failure. The fundamental reason lies in emphasizing the idea of high-intensity government intervention in the economy and exaggerating the government's ability. Under the restriction of modern science and technology, the government does not have enough ability to collect information accurately, and because of the government's own preferences, the alienated government may not form social preferences consistent with the requirements of the whole society. Therefore, it is difficult for the government to intervene in the economy at the most appropriate time and with the most appropriate intensity. Moreover, even if the government as a theoretical concept can do this, it is difficult to ensure that specific policy makers and executors will faithfully implement the government's will, which will bring huge costs.

Therefore, we should recognize the government's intervention in the economy on the basis of careful understanding of the government's role, so that the government's intervention in the economy can not only minimize the cost of this intervention, but also effectively make up for the shortcomings of the market mechanism itself. That is, there is a potential border, and the government cannot act beyond it. Reflected in the economy, the adjustment scope of economic law is not fixed: when the market fails, it is necessary to include the objects that did not belong to the adjustment of economic law in the adjustment scope, which shows a certain expansion. When the market failure is compensated by state intervention, because of the objective existence of government failure, the government will take back the "intervention hand", and the adjustment scope of economic law will shrink, showing a certain resilience.

2 The character of economic law determines it

First of all, the dynamic nature of economic law is determined by its purpose. The purpose of economic law is "the government comprehensively uses various means to coordinate economic operation, so as to promote stable economic growth, ensure economic equity and social equity, and realize the benign operation and coordinated development of economy and society." In order to achieve this goal, the economic law focuses on the influence of various specific factors of social and economic operation on the macro-economy, that is, the overall development of social economy, rather than the application of the law of value in the micro-economic field like the civil and commercial law. Moreover, from the time point of view, the market mechanism has strong stability, while various specific changing factors in society and market have great volatility and variability. Therefore, the state intervention against these changing factors is bound to be variable.

secondly, the dynamic nature of economic law is also determined by its nature. At present, most scholars define economic law as social law, in order to make up for the dilemma that it cannot be purely incorporated into public law and private law. However, Urbian's definition of public and private law is supplemented by Mr. Shi Shangkuan's views on modern public and private law: public law regulates political relations and the purpose that the country should achieve, and the stability of the country concerned; Private law regulates the relationship between citizens and determines the conditions and limits for personal interests, which involves personal welfare. It can be considered that economic law has a strong nature of public law, and any kind of economic and legal relationship reflects the existence of state public power. Different from the power control law of "limited government" in administrative law, the authorized law nature of economic law gives the adjustment means and ways of economic law a larger space, and it is always coupled with private laws such as civil and commercial laws, which determines that the degree of variability of economic law is greater than that of pure private laws such as civil and commercial laws. Because civil and commercial law, as a private law, can exclude the active intervention of law and government within the scope defined by law by mutual agreement of subjects, the adjustment means of civil and commercial law can have the guiding significance in principle, which is enriched by the colorful life of citizens and has strong inclusiveness. However, as a subject of economic and legal relations, the country's rights and obligations are not allowed to be flexible at will. Social and economic changes lead to the inadaptability of the old economic law, which cannot be overcome by the subject of economic and legal relations by agreement, but only by changes in economic law.

(3) Dynamic content of economic law

1. Variability

As mentioned above, a series of aspects of economic law, such as adjustment means, adjustment scope and control subjects, change with economic and social changes, so I will not repeat them here.

2. Expansibility and resilience

As a law of state intervention in economy, economic law is based on making up for the inability of administrative law to intervene in economic life, limiting the function of government to "limit power" and "authorizing" the operation and application of the state's economic management function, which means that the state uses public power to interfere with private rights. On the one hand, when the market fails, it is necessary to intervene in the economic relations that should not be intervened by it when the market is normal, touching on the internal operation of civil society, which is to make up for the defects of civil and commercial law and is a necessary "expansion"; On the other hand, as a normal macro-control, economic law endows the main body with the national economic management function and ensures the legitimacy of its macro-control power source. But as long as it is power, it is expansionary and tends to expand management, which is also a dynamic performance.

However, under the special national conditions of our country, the concept of "limited government" has not been fully established or deeply rooted in the hearts of the people. The "official standard" has ruled for more than 2,111 years, and the state is comfortable in using the expansion function of economic law. The civil society is also good at relying on the intervention of the state, lacking the heart to prevent the ultra vires infringement from the state, and even taking it for granted. Therefore, it is more important to emphasize the recovery of economic law, that is, to maintain the "degree" of government intervention.

for the expansion of the first aspect, we should guard against the overstepping of public rights from the clear and procedural provisions of economic law on the time, intensity and means of regulation. As for the normal expansion of the second aspect, we should understand the economic law from the perspective of "power control law" and change the concept that "the government is in charge of everything". After attaching responsibility to power, starting power means that the "sword of Damocles" of responsibility hangs high, so as to achieve the recovery of economic law.

3. Relative stability

If any law loses its stability, it will be difficult to realize its social function of guiding behavior. "A completely unstable legal system can only be a series of specific measures formulated only to deal with temporary changes. It will lack logical self-consistency and continuity. " Economic law is dynamic, but it is also a relatively stable and continuous economic and legal system that constitutes the history of economic law development.