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晚清以及北洋政府以及“民国”时期对商法的继受坚持了民商分立的立法进路,并沿用了近代西方商事立法上的两个基本范畴:商主体和商行为。但它们却带来了不少问题。
The succession of commercial law in the late Qing Dynasty and the Beiyang government as well as the Republic of China insisted on the legislative approach of separation of civil and commercial businesses and followed the two basic categories in modern Western commercial legislation: the commercial entity and the commercial entity. But they have brought a lot of problems.