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在推进与保障商品经济发展的过程中,商法的“功力”历久而弥新。在法律进化史上,商法最先突破诸法合体的囿限,成为较早独立的法律部门之一;今日,全球经济一体化的社会现实,伴生着民法商法化的现象。中国市场经济体制的构建实践,呼唤商事法律制度的完善。近年来,随着商事主体商事行为和商事救济法律规范体系的营造,相应的商法部门法学的理论研究亦逐步升温。但是,学界对于商法学基础理论的研究尚显不足。探究商法本位,把握商法理念,有助于我们了解和认识近现代商法理论,弘扬商法精神,重塑商法功能,拓展商法学科理论研究的视野。
In the process of promoting and safeguarding the development of commodity economy, “skill ” of commercial law lasted for a long time. In the history of legal evolution, commercial law first broke through the limits of various legal systems and became one of the earlier independent legal departments. Today, the social reality of global economic integration is accompanied by the phenomenon of the commercialization of civil law. The Construction and Practice of China 's Market Economy System Call for the Improvement of the Commercial Legal System. In recent years, with the establishment of the legal system of commercial conduct and commercial remedy, the corresponding theoretical research of jurisprudence of commercial law department has also been gradually warming up. However, the study of basic theory of commercial law is still not enough. Studying the standard of commercial law and grasping the concept of commercial law can help us to understand and understand the theory of modern commercial law, carry forward the spirit of commercial law, reshape the commercial law function, and expand the field of vision of theoretical research of commercial law.