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从商人的营业的构成、营业的组织样态以及存在形式、营业活动的场所等角度来论证商人营业活动的特色并由此肯定其积极作用,并将这种营业行为定义成一种朴素的营利活动,从而将之上升到商法的本质层面来进行考察,并最终得出结论：商人营业行为的存在有着很深刻的理性因素,商人的营业行为在商法的制度框架内有效的运行是成就“商”这一活动的支柱,更是这个活动存续的重要根基。
From the point of view of the composition of the business of the businessman, the organization of the business, the existing form, the place of the business activity, and so on, the characteristics of the business activity of the businessman are affirmed and their positive effects are affirmed, and this business behavior is defined as a simple profit-making activity , So as to ascend it to the essential level of the commercial law to conduct an investigation and finally conclude that the existence of the merchant’s business has a very profound rational factor and that the effective operation of the merchant’s business within the institutional framework of the commercial law is the achievement of “business” The pillars of this activity are also an important foundation for the survival of this activity.