市场经济特质与民商法之品格

The Feature of the Market Economy and the Quality of the Civil and Commercial Law

民商立法若能正确反映市场经济的客观规律和必然条件,构建起和谐的法律体系,必须全面认识和把握市场经济的特质。市场经济即商品经济,它是人类社会不可逾越的经济形态。不同社会历史阶段的市场经济的发展程度不同,但都有着其共同的特质,民商法也即具有相应的共同品格。交换性、多样性、平等性、自愿性、利益性、信用性、知识性、开放性、竞争性和法治性,公开、公正与公平性是市场经济的重要特质和民商法必须具有之品格。

Only when the feature of the market economy is grasped comprehensively could the civil and commercial legislation reflect the objective regulation and the essential factors of the market economy. The market economy is a commodity one,. As an economical form, it could not go beyond in the process of the human society. In different historical stages, the market economy is in the different degrees, which have some common features. So the civil and commercial laws have the corresponding virtues, such as exchanging, variety, equality, volunteering, profit, credit, knowledge, openness, competition and rule by law. In particular, openness, fairness and equality are the important virtues of the market economy and they are also the essential characteristics of the civil and commercial laws.