一、问题的提出我国民商法学界,对于民商法之间的关系,理论上也有多种观点,概括起来主要有两类:一是民商合一论,一是民商分立论。民商合一论一般认为商法不是一个独立的法律部门,商事法规只是民法的补充,在立法模式上应该坚持民商合一。如有学者认为:“民法和商事法规间是基本法与补充基本法的单 First, the issue put forward Civil and Commercial Law in China, the relationship between civil and commercial law, in theory, there are many points of view, summed up in two main categories: First, the theory of integration of civil and commercial, first, the theory of separation of civil and commercial. It is generally believed that the commercial law is not an independent legal department, and the commercial laws and regulations are only the supplement to the civil law. Therefore, we should insist on combining the civil and the commercial in the legislative mode. Some scholars think: ”Civil and commercial laws and regulations between the basic law and supplementary basic law