论我国商法的体例与体系

On the Style and System of Commercial Law in China

商法的体例与体系是目前我国商法研究的一个重要问题。学者对此有各种不同的观点,根据我国商法体例与体系的历史与现实,我国应建立一个与民法相协调,以商法通则或商业登记法为龙头,以商事单行法为主体,具有部门法地位的,与社会主义市场经济体制相适应的商法体系。

The style and system are important issues in the research on commercial law in China. In combination of its history and status quo, the author analyzes theories concerning division and integration of civil law and commercial law and points out that the commercial law of China, which coordinates with the civil law, should follow principles of commercial law and commercial registration law, be based on commercial special regulations, have the status of departmental law and be geared to the system of socialist market economy.