商法研究的资本视角

An Approach to Commercial Law:A Point of Capital

资本理念渐入商法研究的视野,资本成为打开商法困惑之门的钥匙。传统的营利模式是买卖,构成传统商法的调整范围;现代的营利模式是资本,构成现代商法的调整范围。现代商主体是资本人格化的载体,现代商行为是投融资行为。以资本为视角研究商法体系,既便于民法与商法的区分,彰显商法的特点,又便于拓宽商法的研究方法论,降低我国商法研究的创新成本。

A point of capital is approaching to research on commercial law and becomes a key to open the door of confusion. Traditional method to gain profit is trading which constitutes the main parts of traditional commercial law. While modem method to gain profit is capital which becomes the objects of modem commercial law. Modern commercial subject is the capital personalization while modern commercial conducts are investing and financing. The point of capital on commercial law not only explains the differences between civil law and commercial law, especially revealing the characters of commercial law, but also obtains a new method on commercial law, reducing the cost of research on commercial law.