我国"商事通则"立法之可行性辨析

目前我国有关商事通则的探讨大多集中在宏观层面上,仅仅将商事通则的必要性停留在纸面上而忽视商事通则的制定所面临的一系列理论与实践上困境。在这些问题尚未得到适当地解决之前,目前我国还不适宜制定商事通则,而应维持既有的民法典与商事特别法的立法模式不变。

Analysis of feasibility in Enacting General Principles of Commercial Law

A series separate commercial law had been drafted in China,however,there is not general principle which take advantage of fundamental effects.Some law scholars bring forward to"general principles of commercial law"as the basic law of adjusting of current commercial law legal relations.However,current discussions on general principles of commercial law are just centralized on macro side,barely put the necessity of general principles of commercial law literally and ignore series puzzledom on theories and practices.Before resolved these questions suitably,it's unsuitable to the legislation of general principles of commercial law in current our nation,and keep no changing to current legal model between civil law and commercial law.