关于商法学基本范畴的几点思考

有没有独立的范畴是判定一门学科是否成熟的基本标准。从商法的学科特征看,营利和信用无疑是其最基本的范畴。因为,不追求营利的行为不是商行为,不应该由商法调整,而在缺乏信用机制的社会环境中,商行为也无法生存和延续。因此,商主体在认识和处理营利与信用的关系时,必须对此作出正确的判断和选择,信用是本,营利是末,既不能本末倒置,也不能取一舍一。

Thoughts on Basic Field of Commercial Law

Whether there is an independent category is a basic standard of judging a mature subject.The commercial law is still a new and completed subject.It certainly contains its own basic categories.In terms of the characteristics of commercial law,profits and credit are doubtlessly the essential categories.The behavior without seeking profits is not considered as commercial behavior.Therefore,the commercial law cannot adjust it,or even last in a social environment lacking credit system.That is why,the commercial structure is supposed to make correct judgment and selection when acknowledging and managing the relationship between profits and credit.Credit is the root while profit is the branch.The cart should not be put in front of the horse.