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商行为概念的内涵和外延的演变是一个历史的过程,并且在不同的国家具有不同的规定方式。尽管某些商行为的确定是基于其本身通常的营利目的属性,如证券交易行为,而另一些商行为的确定纯粹是由于商法的传统,如票据行为。但是,一般意义上商行为的确定标准应是行为的经营本质。营利目的、独立实施、持续进行、合法正当且具有公开性是商行为的应有内涵。界定商行为的概念,揭示商行为的内涵,明确商行为的范围,把营利性经营活动统一纳入商行为规范的范围,将有助于发现商行为的内在规律和商主体的内在需求,从而为商事立法活动提供价值指导,并为商事实践者提供商法规则演变的预见依据。
The evolution of connotation and denotation of the concept of business is a historical process and has different stipulations in different countries. Although certain businesses are determined based on their usual profit-making attributes, such as securities transactions, others are determined purely by the traditions of commercial law, such as instrumentality. However, the standard of firm determination in the general sense should be the nature of the operation of the conduct. The purpose of profit-making, independent implementation, ongoing, legal and legitimate and openness is the proper content of business conduct. Defining the concept of business behavior, revealing the connotation of business behavior, defining the scope of business behavior and unifying the for-profit business activities into the scope of business norms will help to discover the inherent laws of business activities and the inherent needs of business entities. Commercial legislative activities provide value guidance and provide prospective evidence of the evolution of commercial law rules for commercial practitioners.