摘要
商法原则是商事法律规范的出发点和归宿,准确地定位商法原则关系到商法体系与基本内容的确定。商法原则的定位应遵循商法历史发展的客观选择,在内容上尊重商事交易简洁、安全、公平和国际化的特性,在功能上服从于商事活动弹性调整的需求。
The commercial law is more than a set of unrelated separate rules, in fact such rules are organized and knit together into a coherent structure, but what is it that gives order, structures and coherence to such rules? It is legal principles, also known as law of law, or rule of the rule. The main idea of the article is that the definition of the basic principles of the commercial law stems from the commercial law history, reflects the facilitation and security of transaction, and provides general rule for adjustment. The author supports the opinion with details in the following aspects: history, reality and rule.
出处
《广东商学院学报》
2004年第5期83-87,共5页
Journal of Guangdong University of Business Studies