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先进性与局限性是现代民商法文化具有两个重要特性。先进性主要表现在民商法文化的社会进步性和适用技术性,而民商法文化所体现的以主体意识平等意识等为代表的先进意识是民商法文化先进性的主要表现;而局限性则集中表现为私法秩序不利于弱势人群,不能够有效地达到控制市场经济活动的逐利取向所带来的社会风险,尤其表现在发达国家所出现的社会立法与民商立法相融合的法律现状。
The advanced nature and the limitation are two important characteristics of modern civil and commercial law culture. The advanced nature is mainly manifested in the social progress and applicable technicality of civil and commercial law culture. The advanced consciousness represented by civil and commercial law culture represented by the consciousness of subjective consciousness is the main manifestation of the advanced culture of civil and commercial law. The limitation is concentrated The private law order is unfavorable to vulnerable people and can not effectively achieve the social risk brought about by the fame and fortune of controlling the market economy activities, especially the legal status quo of the integration of social legislation and civil and commercial legislation in the developed countries.