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随着我国社会主义市场经济的不断深入改革和发展,商法理念与商法原则越来越多地在立法实践当中被运用,商法规范也越来越多地在审判实践中得到适用。我国虽然是民商法不分的国家,但这只是指没有在民法典之外制定商法典而已,并不是我国不存在商法,公认的属于商法范畴的法律,如公司法、破产法等业已存在并已经成为我国法律体系当中重要的法律规范之一。近年来随着市场经济体制的逐步建立和完善,主张商法独立性的学者不断增多,具有商法理念、商法意思、商法原则等鲜明特色的商法思维已经逐步形成。那么,如何在商法思维下构建我国公司董事勤勉义务法律制度则是本文作者研究重要内容。
With the continuous deepening reform and development of the socialist market economy in our country, the concept of commercial law and the principle of commercial law are increasingly being applied in legislative practice, and more and more commercial law norms are applied in trial practice. Although China is a country where civil and commercial laws are not divided, it only means that there is no commercial code outside the Civil Code. It is not a law that does not exist in our country and is generally recognized as part of commercial law. For example, company law, bankruptcy law, etc. already exist and have been It has become one of the important legal norms in our legal system. In recent years, with the gradual establishment and improvement of the market economy system, scholars advocating the independence of commercial law have been increasing. The commercial law thinking with distinctive features such as the concept of commercial law, the meaning of commercial law and the principle of commercial law has gradually taken shape. So, how to construct the legal system of diligent obligation of corporate directors under the commercial law is the important content of the author’s study.