论文部分内容阅读
商法思维,说到底是商法的总的理念和本质观点。而这种思维并不是凭空创造的学术思想。首先,商法思维是从商事交易实践以及商事交易问题调解等商人共同体的衡平经验和需求逐步总结而来,可以说,商法思维是反映商事活动实践的一种理念,是一种实践性思维,并不单纯是一种思想成果。经过时间的推移和商事活动的复杂化,商人共同体逐步形成了一些规律性习惯或规章,并将此抽象为理念或理论。它具有非理性、非纯粹逻辑推理、实践导向性强的特征。
Commercial law thinking, after all, is the general concept of business law and the essential point of view. This kind of thinking is not an academic idea that is created out of thin air. First of all, the commercial law thinking is gradually summed up from the balance of experience and needs of business community, such as the practice of commercial transactions and the mediation of commercial transactions. It can be said that the thinking of commercial law is an idea reflecting the practice of commercial activities and is a practical thinking. It is not simply an intellectual achievement. After the passage of time and the complicated commercial activities, the merchant community gradually formed some regular habits or regulations and abstracted it into the concept or theory. It is irrational, not purely logical reasoning, practice-oriented features.