【摘要】 对目前我国法学界广泛提及的商法概念、调整对象、商法的基本原则以及商法的体系、范围作了一些质疑,认为商 法的概念、调整对象是一种缺乏客观基础的假定,是按照法学理论对各学科下定义方法的简单推理,应当进一步 作科学解释。被称作商法基本原则的原则有些实为民法基本原则的翻版。商法的体系和范围要根据中国的立法 特点,结合时代需要界定。制定一部商法通则比较符合中国国情。更多还原

【Abstract】 The autnor of this essay takes a critical position on certain concepts that are widely reierred to in legal study neid in our country, such as the definition of commercial law, the objectives regulated, the basic principles, the system of commercial law, and its scope etc, assuming that the concept and objective of commercial law are presumptions which are ungrounded and, actually, a simplified deduction through the defining-approach based on basic legal theory, therefore the further interpretation of is is needed. Furthermore, some of the said basic principles of commercial law are virtually copied from those of civel law. Accordingly, the system and scope of commercial law shall be defined in accord with the features of legislature in China, and the enactment of general rule of commercial law is comparably more preferable approach according to the situation of China.更多还原