民商分立是我国市场经济立法模式的最佳选择
发布时间：2018-09-11 06:15
【摘要】：正 中国经济体制的改革,经过十多年来的探索和试验,终于确立了市场经济的目标模式。市场经济机制有序有效地运行,则以一整套体系完备、内容合理的交易规则与公平竞争机制的形成为先决条件,在这一点上法学界达成了前所未有的共识,加强以商品经济为核心,以人的权利意识和主体意识为基础的民商立法成为人们的普遍主张。但在具体立法模式上,即究竟采取民商合一主义还是民商分立主义以及别种模式的具体构想等问题的理论研究上,都与完善市场经济法律体系的实践要求相距甚远,本文在此仅就这一问题作一探讨,以求同仁指正。一、民商分立历史根源的分析在现代法律中,不论立法模式如何,商法作为调整商
[Abstract]:The reform of China's economic system, after more than ten years of exploration and experiment, has finally established the target mode of market economy. The orderly and effective operation of the market economy mechanism presupposes the formation of a complete set of transaction rules with reasonable contents and a fair competition mechanism. On this point, the legal community has reached an unprecedented consensus. Strengthening the civil and commercial legislation with commodity economy as the core and people's right consciousness and subject consciousness as the basis has become a popular proposition. However, the theoretical research on the specific legislative model, that is, whether to adopt the doctrine of integration of the civil and commercial, the separation of the civil and commercial, and the specific conception of the alternative mode, is far from the practical requirement of perfecting the legal system of the market economy. This article only makes a discussion to this question, in order to seek the colleague to correct. An Analysis of the Historical causes of the Separation of Civil and Commercial Affairs; in modern law, regardless of the legislative model, commercial law is used as a regulator of business.
[Abstract]:The reform of China's economic system, after more than ten years of exploration and experiment, has finally established the target mode of market economy. The orderly and effective operation of the market economy mechanism presupposes the formation of a complete set of transaction rules with reasonable contents and a fair competition mechanism. On this point, the legal community has reached an unprecedented consensus. Strengthening the civil and commercial legislation with commodity economy as the core and people's right consciousness and subject consciousness as the basis has become a popular proposition. However, the theoretical research on the specific legislative model, that is, whether to adopt the doctrine of integration of the civil and commercial, the separation of the civil and commercial, and the specific conception of the alternative mode, is far from the practical requirement of perfecting the legal system of the market economy. This article only makes a discussion to this question, in order to seek the colleague to correct. An Analysis of the Historical causes of the Separation of Civil and Commercial Affairs; in modern law, regardless of the legislative model, commercial law is used as a regulator of business.
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1 屈广清;;中国海事法律适用法修改的具体建议[J];海峡法学;2011年02期
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3 王海明;;中W 破u#法曑於企im重生Qiz.制度的移植，
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