我国商事审判制度的反思与重构

Reflection and Reconstruction of Chinese Commercial Judicial System

基于民事活动与商事交易之间的差别,客观上导致民事审判与商事审判之间存有诸多区别。现代各国大都设置有独立于民事审判之外的商事审判制度。受民商合一体制的制约,我国未设置独立的商事审判制度。民事审判与商事审判系辨证统一的关系。我国商事审判制度应从倡导商事思维、增设商事法庭、创设商事诉讼等诸方面进行重构与完善。

The difference between civil activities and commercial trade naturally leads to much disparity between civil and commercial trial. Most countries have their own commercial judicial systems independent of civil ones. Being restricted by unified system of civil and commercial law, China has no separate commercial judicial system. The relationship between civil and commercial adjudication is dialectically unified. Chinese commercial judicial system should be reconstructed and perfected through advocating commercial ideology, setting up more commercial courts, activating commercial litigation and etc.