商法的法源分析

On the Legal Source of Commercial Law

商法的整体性并非依赖独立调整对象的证成而确立,而因其独特法源特征而确立。在此意义上商法与民法间整体关系是指二者法源特征分别代表私法的局部呈现模式与整体呈现模式间的区别关系。商法的衰落缘于其固有法源特征融入推动民法古近转型的民法法源特征的演化进程而消陨。相应的,商法整体性复兴也将基于商法固有法源特征的渐进恢复。

The integrity of commercial law is not based on the establishment of its independent regulatory objects but on the basis of its distinct characteristics of legal source. The overall relationship between commercial law and civil law refers to the difference between the overall pattern and local pattern of private law demonstration. The declining of commercial law is due to its inherent characteristics of legal source integrate into the evolution process of the characteristics of legal source of civil law which promote civil law transforming from ancient to modern mode. Accordingly,the revival of commercial law will gradually recover based on its inherent characteristics of legal source.