市场主体法的提出——兼论商事通则的困境

The Proposition of Law of Market Participants——Also on the plight of General rules Commercial

商事通则是民商合一或分立争议的复活,其面临的困境表明,商法的体系化和补缺不应依靠商事通则,而应在坚持民商真正合一的大趋势下,不仅实现商法内部的体系化,而且要实现民商的高度体系化。市场主体法是实现民商高度体系化过程中重要的一环,具有相当的紧迫性和可能性。市场主体法的立法应定位在民商兼顾,侧重商法的方向上。其价值在于将真正结束民商之争,形成合力,迎接民商对话时代,开启民商对话机机制,促成民商合作,实现民商共赢。当然这需要包括法学家们在内的所有法律人的勇气、智慧和努力。

The general rules of commercial is the revival of the dispute hetween combination of civil commercial law and separation of civil commercial lawo The plight it faced shows that the system of commercial law and to fill a vacancy should not rely on general rules of commercial, but we should not only achieve the systematization within commercial law, but also to achieve the high - systematization of civil and commercial laws in the persistence of the trend of real combination of civil cornmercial. Law of market participants is one of the most important process in the highly-systematization of combination of civil commercial, which has considerable urgency and possibility. The legislation of law of market participants should focus on the direction of combination of civil commercial and emphasis of commercial lawo Its value is going to end the disputes between civil and commercial, to form a concerted effort to meet the era of civil and commercial dialogue, to open dialogue mechanisms between civil and commercial, to contribute to civil and commercial cooperation for the realization of civil and commercial all-win situation. Of course, this needs courage, wisdom and efforts of all law-men including jurists.