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商法中的债权人保护是一个与民法密切相关的问题,但两者存在着巨大的差别。民法作为民事法律体系中的一般法,对于债权人的保护本身已经有了十分详尽的规定与安排,但是在作为商法中的公司法依然存在着特殊的对债权人的保护制度。厘清两者对于债权人保护的关系,并以公司中的清算程序为例进行分析和比较,可以得出债权人保护在公司法上的准确定位,也能更好地理解商法作为独立一门法律科学的重要意义。
Creditor protection in commercial law is a closely related issue to civil law, but there are huge differences between the two. Civil law, as a general law in the civil law system, has very detailed provisions and arrangements for the protection of creditors. However, as a corporate law in commercial law, there still exist special protection systems for creditors. Clarifying the relationship between the two for the protection of creditors and analyzing and comparing the liquidation procedures in the company as an example, it can be concluded that the creditor protection is accurately located in the company law and that the commercial law can be better understood as an independent legal science Significance.