如何准确地体现市场的本质,系统地加以立法,以适应深化改革发展社会主义市场经济的需要,关键在于解放思想,更新观念。首先要更新舍本求末的思想。在发展市场经济上,发达国家有一整套的立法经验,其中最值得借鉴的经验,是运用系统论的方法,来规范市场主体和市场行为。即在这个系统中除了宪法外,先有骨干法,进而与骨干法相配套,颁布各种适应不同时期和地区的市场经济法律和法规,使市场经济运行层次分明、井然有序。以日本为例,他们除了颁布《民法典》外,还制定了一部较为完善的《日本商法典》,并颁布了许多与《商法典》相配套的法律和法规。这里需提及的两个问题:第一,为什么发达国家在发展市场经济时都从制定商法典入手?第二,为什么长期以来我国忽视 How to accurately reflect the essence of the market and systematically apply it to adapt to the needs of deepening the reform and development of a socialist market economy lies in emancipating the mind and updating concepts. First of all, we should update the idea of ​​seeking the end. In developing the market economy, developed countries have a complete set of legislative experience. The most worth learning from is the use of a systematic approach to regulating market players and market behavior. In other words, in addition to the constitution, there should be a “backbone law” and then a “complementary law” with the backbone law to enact various market economic laws and regulations that are adapted to different periods and regions so that the market economy will operate in a structured and orderly manner. Take Japan as an example. In addition to promulgating the Civil Code, they have also put in place a relatively complete “Japanese Commercial Code” and promulgated many laws and regulations that are compatible with the Commercial Code. Here are two questions that need to be mentioned: First, why should developed countries start with formulating commercial codes when developing market economy? Second, why has China ignored for a long time?