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经过了几十年的争论和市场经济的长足发展,一个无可争辩的事实是商法是一个独立的法律部门,可以说,商法是在经济法的阻拦中站立起来的,商法业已成为市场经济发展的重要法律部门。但是,商法的独立并非意味着商法与经济法天各一方、老死不相往来,相反,商法正是在与经济法的纠缠中凸显了它的思维本质特性。一、商法思维与经济法思维——曾经的纠缠商法是规定商人和商行为的法,一般指商事私法,但是私法中存在公法因素的现象明显地体现在商法中。因此商法学必定涉及某些相关商事公法的问题。①商法以商事关系作为调整对象,形成
After decades of controversy and the rapid development of a market economy, an indisputable fact is that commercial law is an independent legal department. It can be said that commercial law stands in the block of economic law and the commercial law industry has become a market economy Important legal department. However, the independence of the commercial law does not mean that the commercial law and the economic law are not old-new ones. On the contrary, the commercial law highlights its essential thinking characteristics in entanglement with the economic law. I. Thinking of Business Law and Thinking of Economic Law - The once entangled commercial law is a law that stipulates traders and firms, generally referring to commercial private law. However, the phenomenon of public law in private law is clearly reflected in the commercial law. Therefore, commercial law must involve some issues related to commercial law. ① Commercial law to commercial relations as an adjustment object, formed