商行为特点研究

On the Characteristics of Commercial Juristic Act

商行为是商法中的一个重要的问题,长久以来对其特点研究不够,尤其是相对于民事行为而言,其不同之处更为明显,在立法和司法时应该充分考虑商行为的这些特点,对其做出与民事行为不同的处理是十分必要的。

Commercial juristic act is a crucial issue in commercial law. But we have not paid enough attention to the features of commercial juristic act. Everyone agrees that commercial juristic act has the feature of making profit and the other of business. However, we need have a deeper insight into this issue. Compared with civil juristic act, commercial juristic act fixes a special eye on the efficiency of transaction, puts the safety of transaction above everything else. These features of commercial juristic features should be taken into account in legislation and jurisdiction, and commercial juristic act should be treated differently with civil juristic act, which is very necessary.