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民法与海商法关系一直是理论界探讨的热点,海商法是民法的特别法还是一个独立的法律部门?文章并不致力于解决这一论题,而是从民法对海商法的理论给养入手,系统分析民法对海商法的深远影响。我国《海商法》更多舶来的特征使之民法特性大减,从而未能与我国海运实践结合紧密,而这也成为未来《海商法》修改时所要考虑的重要因素
The relationship between civil law and maritime law has always been a hot topic in theoretical circles. Maritime law is a special law of civil law or an independent legal department. The article is not dedicated to solving this issue. Instead, it starts with the theory of maritime law provided by civil law, Analyze the far-reaching impact civil law has on maritime law. More intrusive features of China’s “maritime law” have greatly reduced its civil law features and thus failed to integrate closely with China’s maritime practice, which has also become an important factor to be considered in the future revision of the Maritime Law