论文部分内容阅读
传统的商法教义学通过规范、理论与实践的逻辑循序展开,过分重视制度性的探讨,在教学过程中造成了商法理念培养的欠缺。商法理念作为反映商法中稳定不变的本质之概念,比商法原则更为抽象,亦不同于商法价值与商法精神。商法理念具有开放性,包括但并不限于商事进步主义、商事自治、商事效率、商事国际化等理念。在教学过程中,应当注意通过纯粹商法理念的宣导、透析具体制度背后的商法理念、在商法制度体系化基础上阐释商法理念以及将商法理念贯穿于商法案例教学中,以使其更好地得以传授。
The traditional teaching of business law through the normative, logical and orderly development of theory and practice, paying too much attention to the institutional discussion, resulting in the lack of cultivation of the concept of commercial law in the teaching process. The notion of business law, as a reflection of the principle of stability in commercial law, is more abstract than the principle of commercial law and is different from the values of commercial law and commercial law. The concept of commercial law is open, including but not limited to the concepts of business progressivity, commercial autonomy, commercial efficiency, internationalization of commerce. In the process of teaching, we should pay attention to advocating pure commercial law, dialysis the commercial law idea behind the specific system, interpreting the commercial law idea on the basis of systematization of commercial law system, and putting the notion of commercial law in teaching of commercial law case so as to make it better Be taught.