论我国商行为制度的构建

商行为存在民事行为所不能包容的特殊性,具有相对独立的价值。如不在民事行为制度之外设立商行为制度,就无法有效地调整因商行为而产生的法律关系,以维护商事交易的安全。受民商合一法律传统的影响,我国立法尚未独立的商行为概念,仅仅在商事单行法中确立有限的商行为制度,商行为立法存在明显的缺陷与不足。因此,在立法理念上强化商行为制度的立法价值,加强商行为立法,构建商行为制度已成为我国现实的商事立法需求。

On the Construction of Chinese Commercial Act System

Commercial act has particularity which isn~ included by the civil act, accordingly has relatively inde- pendent value. If the commercial act system has not been established apart from the system of the civil act, we could not adjust effectively the legal relationship arising from commercial act, and also could not maintain the secu- rity of commercial transactions. Chinese legislation, affected by the legal tradition of combination of civil and com- mercial codes, has not yet independent concept of commercial act, and limited commercial act system has been on- ly established in the separate laws, so the legislation of commercial act has obvious defects and shortcomings. Therefore, we need to strengthen legislation value of commercial act system in the concept of legislation, enhance the legislation of commercial act and construct our commercial act system. These are what Chinese commercial leg- islation requires.