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自法国大革命的《人权宣言》宣告人人生而平等以来,平等的观念不但深入人心,更是渗透到近代私主体的立法之中,私主体的泛平等化成为了公平正义的代名词。但随着时间的推移我们发现私主体的泛平等化强调的仅仅是形式上的正义,伴随着越来越多复杂经济现象的出现,私主体的泛平等化对于正义特别是实质正义的实现越来越力不从心,在强调商人身份的商法领域表现得尤为明显,本文对此试作简要的论述和探讨。
Since the Declaration of Human Rights of the French Revolution proclaimed that all men were born equal, the notion of equality not only enjoys popular support but also penetrates into the legislation of modern private subjects. The equalization of private subjects has become synonymous with fairness and justice. However, with the passage of time, we find that the pan-equalization of the private subject emphasizes only formal justice. Along with the emergence of more and more complicated economic phenomena, the equalization of the private subject has realized the realization of justice, especially substantive justice To the more powerless, in the field of commercial law emphasizing the identity of businessmen is particularly evident, this paper discusses a brief discussion and discussion.