《民法典》时代我国商法研究的国际性

Research of Commercial Law Going Global in the Era of Civil Code

我国商法的发展得益于改革开放的伟大实践,国际性是其重要特性。《民法典》民商相互交织的模式一定意义上可以暂时平息民商分立或合一之争。在新的时代背景下,商法研究也面临着助力国家全面推进高水平改革开放、更好走向世界的历史任务。在宏观方向上,与民法更多关注本土性相比,商法研究需要更加面向国际,在关注中国问题、夯实基础,注重商法各科平衡发展的同时,把握“一带一路”倡议等时代机遇,深度参与国际商事规则的制定和修改,为其发展提供中国方案。在具体路径上,商法研究应注重不同学科的合作,吸收科学的实证研究和交叉研究成果,重视外文成果及其国际影响力,助力我国营商环境和国际化水平的提升,推动中国商人和中国制度走向世界。

The development of China's commercial law benefits from the endeavors of Reform and Opening up,and internationalization is one of its important features.The combination of civil and commercial rules in the Civil Code can temporarily settle down the disputes of separation or integration of civil and commercial laws.Under the background of the new era,commercial law research is also facing the historical task of helping the country comprehensively promote high-level Reform and Opening up and better go global.In the past decade,China's new economic industries have flourished,which has spawned many new business models and corresponding governance models.Therefore,the legislation and research of commercial law also need to face new challenges of the times.The study of China's commercial law should not only pay attention to China's new economic industries and new business models,but also respond to the commercial legal issues of China's opening up.In the era of Civil Code,internationalization is an important feature of China's commercial law research.Commercial law research needs to continue to face the world and interact with the international community,help China to better integrate into the world,better implement a higher level of Reform and Opening up,and also enhance the international influence of China's commercial system and provide China's solutions to international commercial problems.Compared with civil law,which pays more attention to localized issues,the study of commercial law needs to be more international on the basis of China's local problems,pay attention to the balanced development of all branches of commercial law,seize the opportunities of the times such as the“Belt and Road Initiative”,and deepen the participation in the formulation and revision of international commercial rules.Building an internationally recognized,globally competitive and attractive business environment and system is still an important task of China's commercial law reform research.The study of commercial law should attach importance to and serve the legislation in the process of the revision of the laws of commercial laws such as Company Law,Securities Law and Maritime Law.Commercial law research should focus on the cooperation of different disciplines,strengthen empirical research and interdisciplinary cooperation,absorb the results of empirical research and interdisciplinary research,and help improve China's business environment and international influence.Formulating model laws,such as model commercial code or model commercial conflict law,is an option that China can consider in strengthening research and further participating in the formulation and revision of international commercial rules.The study of commercial law should also attach importance to research outputs in foreign languages and further enhance the international influence of the outputs.The study of commercial law can systematically analyze the practices of some industries,and develop some of them into widely accepted rules with solid theoretical support,thus laying a foundation for the unified application of commercial practices in judicial system and the future extraterritorial influence.The study of commercial law should pay more attention to international commercial practice and absorb more international practice in commercial legislation of China,so as to promote China's commercial practices to be better consistent with international standards and help China businessmen and the China system to be better recognized by the world.