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我国法学界对于如何处理民法与商法的关系、如何处理或建构我国商事立法模式存在着较大的争议和分歧。本文试就民商合一与民商分立这两种观点做一简单的比较分析,笔者主张我国应实行以《商法通则》为统率的实质商法主义的民商分立。
There is much controversy and disagreement on how to deal with the relationship between civil law and commercial law and how to deal with or construct the commercial lawmaking model in our country’s jurisprudence. This article tries to make a simple comparative analysis of the two views of civil-commercial integration and separation of civil and commercial. The author advocates that our country should implement the substantive commercial law of commercial and commercial separation which is governed by the “General Principles of Commercial Law.”