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独立法律部门说认为海商法是完全独立的法律部门,此种观点值得商榷。海商法与民法在历史渊源、规范体例、纠纷解决机制等方面的不同无关海商法的性质。民法的伦理性并不抑制海商法的效益性,民法的地域性也不消解海商法的普适性,民法的私法性更未限缩海商法的范围。独立法律部门说与海法研究体系之间也存在矛盾。海商法与民法在调整对象、基本原则、法律关系、法律创制等方面均有所协调,海商法应是民法的特别法。
An independent legal department said that maritime law is a completely independent legal department, and such a view is open to question. The differences between the maritime law and the civil law in the historical origin, norms, dispute resolution mechanisms and other aspects of the nature of maritime law. The ethics of civil law does not restrain the effectiveness of maritime law, nor does the regionalization of civil law dissolve the universality of maritime law, and the private law of civil law does not limit the scope of commercial law. The independent legal department said that there is also a conflict with the Haifa research system. The maritime law and the civil law are all coordinated in terms of the object of adjustment, basic principles, legal relations and lawmaking. Maritime law should be a special law of the civil law.