论商法部门与商法公法化

On Department of Commerical Law and Affiliating Commercial Law to Public Law

商法是独立的法律部门,民商合一与民商分立是商法的外在表现形式而非商法的内在实质。所谓的"商法公法化",只是将公法规范注入商法领域辅助商法进行调整,是商法贯彻国家干预的具体表现,并非否定商法的私法本质及其独立的法律部门地位,主张取消商法并将其归入经济法是缺乏理论与现实依据的空想。

Commercial law is an independent legal department. Choice of legislative mode of commercial law is only its form but not its nature. So-called 'affiliating commercial law to public law' only means that norms of public law enter the fields of commercial law to assist commercial law to fulfill its adjustment. It merely embodies state intervention in commercial law fields but does not deny the private nature of commercial law and its status of an independent legal department. It is nothing but an unfounded idle dream to call off commercial law and affiliate it to economic law.