一、问题的提出现代商法诞生和发展于商事活动的实践中,是一门为商事活动服务的法律,其内容包括公司法、票据法、信托法、海商法、商事合同法等商事单行法。一般认为,商法作为特别私法,和民法共同构筑了现代私法体系。商事基础理论,相对于各商事单行法律的理论,其研究方向定位应该是:以调整和适应各种商事现象为目的,从各商事单行法中提炼出一般性规律;相对于私法中的民法,其研究的重心则在于与民法进行比较研究,寻找商法与民法不同的价值取向、原则、制度,从而正确定位商法和民法的关系,凸显商法相对的独立性,德国著名商法学 First, the issue raised The birth and development of modern commercial law in the practice of commercial activities, is a service for commercial activities, the law, which includes the company law, bills law, trust law, maritime law, commercial contract law and other commercial bank law. Generally believed that the commercial law as a special private law, and civil law jointly build a modern private law system. Commercial basic theory, relative to the theory of individual commercial bank law, its research orientation should be: to adjust and adapt to a variety of commercial phenomena for the purpose of extracting from the commercial law of the general law; relative to the private law civil law, The focus of his research lies in its comparative study with civil law, looking for different values, principles and systems of commercial law and civil law, so as to correctly define the relationship between commercial law and civil law, highlighting the relative independence of commercial law, and well-known German commercial law