“商”与“非商”的二元思维是商法理论展开的基础。鉴于其与市场活动多样的社会现实及弱者保护思想的渐进拓展之间存在着明显的张力,该视野也有局限,并经典地表现在金融消费者外延界定的难题上。基于市场主体在交易中应尽相应注意的常识性思维,可以粗略厘清金融消费者外延、建立类型化保护的初步框架。为契合市场实践,并促成新型交易文化和交易习惯的培育,商事制度的构建视野也应适当转向交易注意合理配置的思维。 The dual thinking of “business” and “non-business” is the foundation of the commercial law theory. In view of the obvious tension between social reality of diversified market activities and the gradual expansion of protectionism for the weak, this field of vision also has limitations and is typically reflected in the problems of the delineation of financial consumers. Based on the commonsense thinking that the market participants should pay due attention to in the transaction, we can roughly clarify the extension of financial consumers and establish the initial framework of type protection. In order to meet the market practice and promote the cultivation of a new type of trading culture and trading habits, the perspective of the construction of a commercial system should also be properly shifted to the rational allocation of trading attention.