摘要
如果不切断历史，中国商法可以追溯到1904年清末法律改革制定的《钦定大清商律》。《钦定大清商律》作为强国富民之利器的横空出世，开始了中国商法的艰难之旅。有人认为过去一百年的中国社会成为各主要法律体系的试验场。中国商法经历了清末、中华民国、中华人民共和国三个历史时期，百感沧桑，往事并不如烟。一百年前，中国被动打开国门的同时，也拉开了中国商法的序幕，1978年改革开放也成就了中国商法再次从复兴走向繁荣。在此，对中国商法的法治发展和中国商法学的发展做一总结回顾，并以此对中国商法未来的发展做一简单的思考。
If we see through history, China＇s commercial law can date back to the Qing Imperial Commercial Law formulated in 1904 when the Qing Dynasty made legislative reforms in its late phases. The Qing Imperial Commercial Law was issued as a powerful tool to strengthen the country and enrich people and embarked on the difficult journey of China＇s commercial law. Some believes that Chinese society has become a trial site for various major legal systems over the past century. China＇s commercial law has undergone three historical phases including the late Qing Dynasty, the Republic of China and the People＇s Republic of China. The past didn＇t like smoke but left with vivid trails. About one hundred years ago when China was forced to open its gateway, China＇s commercial law also started its journey. The reform and opening up since 1978 enabled China＇s commercial law to go prosperous from revival. On the occasion of the 30th anniversary of reform and opening up, I＇d like to review the development of the rule of law in China＇s commercial law as well as the progress in the science of China＇s commercial law and reflect on its future development.
