论民法商法化和商法民法化_兼谈中国民法典编纂基本理念和思路.pdfVIP

2005 7 5 Jul.5, 2005 20 4 Legal Forum Vol.20 No.4 [ ] 1009- 8003( 2005) 04- 0028- 06 论民法的商法化与商法的民法化 ) ) ) 兼谈我国民法典编纂的基本理念和思路 赵万一 ( , 400031) [ ] , : , , , [ ] ; ; ; ; [ ] D923 [ ] A [ ] 2005 05 16 [ ] ( 1963 ) , , , , Subject: On Commercial Law of Civil Law and Civil Law of Commercial Law) ) ) Concurrent Discussion About the Basic Ideal and of the Thinking of Codification of Our Civil Code Author unit :ZHAO Wan yi( Southwest University of Political Science and law, Chongqing 400031,China) Abstract :The traditional view of unifying and enacting separately civil law and commercial law has its historical limitations. Nowadays, all of the countries are adapting their own traditional legislative mode of civil law and commercial law properly on the basis of national conditions. We should fully drawing on the legislative experience of other countries to deal with the relationship between civil law and commercial law . Our basic thinking to enact Civil Code is: to enact a code mixed with civil law and commercial law with the premise of the successful and modern transformation from the traditional private law, that is to say, or to unify the enactment of civil and commercial law with the volume of commercial law on the basis of defining and admitting the differences between civil law and commercial law correctly. Key words: unification of civil law and commercial law; discrete enactment of civil law and commercial law; codification of Civil Code; commercial law of civil law; civil law of commercial law ,