尊重商法的特殊思维

思维是一种认识的结果,也是一种过程.本文只是在前一种意义上展开讨论.商法的特殊思维是人们凭空造出来的吗?不是.它是人们认识商法现象得出的科学结论.其实,任何一个部门法都有特殊思维,只是特殊思维的参照标准和内涵不同而已.

The Theoretical Law Issues in Commercial Practice

The debate on the relationship between civil law and commercial law,although a long-lasting one,has so far changed its focus on the legislative model to the rational treatment of their respective position and function in the legal system.Due to the systematization of civil law and the legislative limitation of commercial law as a single law,there exists an objective gap between civil law and commercial law,resulting in the plight of judges in law application.It is undoubtedly the mission of law researchers ...