析商法的起源——兼谈加入WTO与我国商法的振兴

The Analysis of the Origin of the Commercial Law--Entering into the WFO and Vitalizing the Commercial Law

商法的起源问题是商法理论的基础问题。关于商法的起源有多种学说,但独立的商法起源于中世纪。中世纪城市的兴起、商人阶层的产生及力量的壮大是商法产生的必要条件。打破传统、勇于创新,扶持商人阶层是研究商法的起源对振兴我国商法的重大意义。

The question of the origin of the commercial law is one of the basic theory questions of the commercial law . There are many theories about the origin of the commercial law. However , the independent commercial law appeared in Middle Ages. The appearance of cities and the class of merchant are the necessary factors of the origin of the commercial law . Through researching the origin of commercial , we can make a conclusion that breaking down the tradition, blazing new trails boldly , supporting the class of merchant are important to vitalize our commercial law.