论商法的起源及其对我国入世后的启示意义

On the Origin of the Commercial Law and Entering WTO and Vitalizing the Commercial Law

商法的起源问题是商法的重要基础理论问题之一。关于商法的起源有多种学说,但独立的商法起源于中世纪。中世纪城市的兴起、商人阶层的产生及力量的壮大是商法产生的必要条件。打破传统、勇于创新,扶持商人阶层的发展是研究商法的起源对振兴我国商法的重大意义。

The question of the origin of the commercial law is one of the basic theory questions of the commercial law. There are many theories about the origin of the commercial law, but the independent commercial law appeared in the Middle Ages. The appearance of cities and the class of merchants are the necessary factors of the origin of the commercial law. Through researching the origin of commercial law, we can reach a conclusion that breaking down the tradition, blazing new trails boldly and supporting the class of merchants are important to vitalize our commercial law.