论商法的本质特征

Essential Characteristics of Commercial Law

商法的本质特征是一个不断变迁的过程。从古代商法到中世纪商法到近代商法再到现代商法,每个时代商法都有着那个时代的烙印。现从古代商法;中世纪商法的本质特征;近代商法的本质特征了解了商法本质特征的变迁,并从现代商法具有广泛性特征;商法是内化了公法因素的私法两方面分析现代商法的本质特征。

The essential characteristic of commercial law is a process of continuous change. From ancient commercial law to Medieval commercial law to modern commercial law and then to modern commercial law, every era of commercial law has the brand of that era. The essential characteristic of ancient commercial law is to protect commercial transactions and protect and respect private property in the early stage of commercial development. The essential characteristics of modern commercial law lie in the statutory characteristics of a unified nation-state on the one hand, and in the further expansion of the subject of commercial law from natural person to natural person and legal person on the other. The essential characteristic of medieval commercial law is to form a complete theoretical system initially, distinguishing from family relations in civil law, which is the independent characteristic of the legal department in the field of private law. The essence of modern commercial law is extensive. it is a private law that internalizes public law factors.