近年来,关于市场经济是法治经济的理论与实践,不但使人们确信法律对于利益博弈的规范作用,而且使之更加看重法律所确立的规则和秩序对于自身权益的维护作用。因此,针对法律规则的争辩非常频繁和激烈,根本原因在于规则如何确立直接影响其自身利益。一个突出的实例就是围绕《劳动合同法》展开的争论。理不辩不明,辩论 In recent years, the theory and practice that the market economy is the economy under the rule of law not only make people sure the legal norms of the game of interests, but also make them pay more attention to the maintenance of the rights and interests of the rules and orders established by law. Therefore, the argument about the rule of law is very frequent and intense. The fundamental reason is that the rules are established directly affect their own interests. A prominent example is the controversy surrounding the Labor Contract Law. Reason is not unknown, debate