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一、商事法律研究的范围众所周知,中国法律近代化是一个由传统法律制度向现代法律制度转变的过程,而这一过程始于清末而发展于民初。正是在这一时期,人们对西方的法治观念开始逐步接受,对法律体系的认识逐渐深化,大规模的法律移植活动随之展开,并逐步构建了具有近代性质的法律规范。近几十年来,中国大陆对这段时期内法律制度变化、发展的研究越来越多,对相关法律背后所蕴含的时代背景、社会原因以及微观因素都进行了一定的分析。其中,对于清末民初商事法律制度的研究也随之兴起,获得了一些成果。本文试对该领
First, the scope of the study of commercial law As we all know, the modernization of Chinese law is a process of transformation from the traditional legal system to the modern legal system, and this process began in the late Qing Dynasty and early Republican. It is during this period that people began to gradually accept the concept of the rule of law in the West, gradually deepened their understanding of the legal system, carried out large-scale legal transplant activities and gradually established legal norms with modern character. In recent decades, mainland China has made more and more studies on the changes and development of the legal system during this period, and has made some analyzes on the background of the times, social reasons and microeconomic factors underlying the relevant laws. Among them, the research on the legal system of commercial affairs in late Qing and early Republic of China also started to rise with some achievements. This article try the collar