经济法与商法的区别——从企业法归属的角度分析

Distinctions between Commercial Laws and Economic Laws: A Perspective of the Categorization of The Enterprise Law

本文以企业法的归属为切入点,分析了经济法与商法的区别,指出:经济法与商法都调整交易关系,但前者主要是公法,后者主要是私法,两者在原则、宗旨、中心、体系上均存在显著区别。将企业法置于商法之中符合企业的本质,可以避免政企不分等弊端。

This paper, starting with the categorization of The Enterprise Law, discusses the differences between the economic law and the commercial law, arguing that, while both are meant for regulating trade relationships, the former belongs to the category of public law and the latter to private law; the two differ from each other in their legislative principles, tenets, loci and frameworks. Therefore, to put The Enterprise Law in the category of commercial laws conforms to the nature of enterprises and helps avoid such problems as the confusion of administrative conducts with business management.