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随着经济建设持续高速发展,随之而来的是在民商事审判中出现了一些新情况、新问题。民商事纠纷案件的法律适用问题往往成为了民商事审判中的难点问题。为准确适用法律,妥善处理一些疑难案件,维护市场交易秩序、平等保护市场主体的合法权益。本文拟从以下两个民商事审判中的疑难问题为出发点,探讨在民商事审判中法律的适用问题,并提出自己的一些看法。
With the continuous rapid development of economic construction, there follows a series of new situations and new problems in civil and commercial trials. The legal application of disputes over civil and commercial cases often becomes a difficult issue in civil and commercial trials. In order to accurately apply the law, properly handle some difficult cases, safeguard market order and protect the lawful rights and interests of market players on an equal footing. This article intends to start from the following two difficult questions in civil and commercial trials to discuss the application of law in civil and commercial trials and to put forward some of our own views.