商法基本原则研究

Studies of Basic Principles of Commercial Law

商法基本原则集中反映商事关系的本质特征 ,贯穿于全部商法规范 ,它区别于经济法基本原则和民法基本原则 ,也不等同于商法各部门的具体原则。商法基本原则是整个商法规范体系得以构建的基础 ,是商事活动的行为准则和商事纠纷的裁判规则。商法基本原则应该反映商事关系营利性的特征 ,应贯穿于全部商法规范 ,应体现各国商法的共性 ,适应商法国际化趋势———这是确定商法基本原则的标准。商法基本原则至少包括 :商主体法定原则、维护交易公平原则、保障交易迅捷原则和保障交易安全原则。

The defining properties of commercial relationship is manifested in the basic principles of the commercial law.These principles differ from those of the economic law or the civil law. Nor are they the same with the regulations by the government. As a matter of fact they are the foundations of the whole system of the commercial law, the norm of business behavior and criteria for settling business disputes. These principles should bear the profit-oriented characteristics of commercial relationship, reflect the common core of the commercial law in various countries, and fit into the tendency of globalization in commercial law. Based on all this, the author points out that basic principles of the commercial law should include the following: the principle of legal commercial subjects,the principle of fair dealings, the principle of speed dealings and the principle of security in dealings.