社会主义市场经济下的商事合伙制度

On Business Partnership System

随着市场经济的发展商事合伙愈受重视。与发达国家相比,我国合伙制度单一,无法适应复杂的市场经济发展环境。对商事合伙的本质及其主体地位的认识仍停留在传统民法理论,在立法体例上将其作为自然人或法人的特殊表现形式,未将其明确为“第三主体”。合伙制度的蓬勃发展的关键在于其财产与责任组合上具有极大的灵活性。我国发展社会主义市场经济必须重视并完善商事合伙立法,肯认其反映的私法精神。

Along with the development of the market economy the matter of business partnership is more valued. Compared with the developed country, the system of our business partnership is too unitary to adapt the complicated market economy development environment. The cognition about the essence and subject position of business partnership still stays around the traditional civil law theories. In the legislation style, we generally take it as a kind of special manifestation of the natural person or juridical person but not definitely ＂the third subject ＂.The key to the vigorous development of partnership system consist in the flexibility of how its property and responsibility to be combined. Consummates the legislation of business partnership for the development of our socialist market economy and admit its spirits of private law.