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随着商事立法讨论的不断深入,商法学界不再局限于民商合一与民商分立的争鸣,近几年来,关于商事通则或诸如此类总纲性商事法文件的立法呼声日盛。越来越多的学者开始关注这一问题的探讨。在我国商事立法模式的选择上,制定一部类似于《民法通则》的商事通则,目前成为许多学者的共识,这是制定《商法典》不可行也无必要、而民商合一的立法主张难以付诸实践后,解决我国商事单姓立法缺乏系统整合问题的有效办法。
With the deepening discussion of commercial legislation, the business law community is no longer confined to the contention that civil and private law mergers with civil and commercial businesses. In recent years, there has been a thriving legislative debate on the General Regulations of Commercial Law and other such documents. More and more scholars began to pay attention to this issue. At the choice of our country’s commercial legislation model, to formulate a general commercial rule similar to the “General Principles of Civil Law” has now become the consensus of many scholars. This is a legislative proposition that the “Commercial Code” is neither feasible nor necessary. After it is difficult to put into practice, it is an effective way to solve the problem of the lack of systematic integration of the legislation of commercial surname in our country.