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商法研究中关于商法独立性问题所牵引的一系列问题是其研究的重点和难点所在,法学界至今没有形成统一的观点。同时,商法独立性必然要求商事审判的独立化,商事审判的独立化也必然是商法独立的一大显著标志以及保障商法独立性的有力屏障。本文主要就实现商法的独立性和商事审判独立化两者的统一方面做简要介绍,希望对其实现有一定的参考意义。
A series of problems dragged on the issue of the independence of commercial law in the study of commercial law are the focuses and difficulties of its research. So far, no consensus has been formed in the field of law. At the same time, the independence of commercial law necessarily requires the independence of commercial trials. The independence of commercial trials must also be a significant indicator of the independence of commercial law and a strong barrier to the independence of commercial law. This article mainly introduces the realization of the independence of commercial law and the independence of commercial trial. It is hoped that this article will have certain reference meaning for its realization.