小商贩游离于商法调整范围之外,深度剖析其原因,发现小商贩合法化的最大障碍源于我国尚未肯认自然人的自由营业权。国外对小商贩的商法规制为我们解决小商贩问题提供些许灵感。我国应在肯定小商贩自由营业权的基础上,确立其商主体地位,建立小商贩特殊的商事权利义务体系。 Small traders free from the scope of the adjustment of commercial law, the depth of analysis of the reasons and found that the biggest obstacle to the legalization of small traders from our country has not yet confirmed the natural right to freedom of business. Foreign commercial laws and regulations of small traders provide some inspiration for us to solve the problem of small traders. On the basis of affirming the right of small traders to operate freely, our country should establish its position as a merchant entity and set up a special commercial rights and obligations system for small traders.