民商事法律体系化及其路径选择

Civil and Commercial Legal Systemization and the Path Selection

改革开放以来,我国民商事立法取得了巨大的成就,基本实现了"有法可依"的法制目标。然而,由于受改革不同时期社会经济条件的制约,且缺乏科学的立法规划,我国现行民商事法律在观念上和制度上都存在着不协调甚至冲突等体系性缺失问题。实现民商事法律体系化应当摆脱单行法或部门民商法的思路,按照"科学立法"的要求,认真做好立法规划,加快民法典的立法进程,通过民法法典化实现民商事法律体系化。

Since the reform and opening, civil and commercial legislation in our country has obtained great a- chievement. ＂Laws＂ of the legal system has been basically achieved the target. However, due to the restriction of social and economic conditions in different periods of the reform, and because of the lack of scientific plan- ning for legislation, there are some unharmonious factors and even conflicts in the current civil and commercial law on the concept and system. To realize systemization of civil and commercial law, we should get rid of the method of single line or the idea of department civil and commercial law, according to the requirements of the ＂scientific legislation＂, seriously make legislative planning, accelerate the process of civil legislation, realize civil and commercial legal systemization through civil law procedure.