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纵观目前我国法律虽大多涉及到经营,但是对经营都没有做出明确规定、准确给出定义或解释,立法缺失造成对经营的理解有误。尤其在商法当中大量涉及到经营,对经营行为的准确的统一的理解影响着对商主体、商行为的认定。因此,对商法中“经营”的认定是非常必要的,本文试从目前我国法律规定及学界对商主体、商行为的概念分析,以期得出商法中经营的概念、要件及特征,并对今后对经营行为的立法完善提出了建议。
Although the laws of our country are mostly related to the operation at present, they have not clearly stipulated the management and given the definition or explanation accurately. The lack of legislation leads to a misunderstanding of the operation. Especially in the commercial law, a large number of involved in the operation, the accurate understanding of business practices affect the business entity, the determination of business. Therefore, it is very necessary to identify “business ” in the commercial law. This article attempts to analyze the concept of the “business ” in commercial law from the current legal provisions in our country and the concept of the business entity in the commercial law. Proposed to improve the legislation of business conduct in the future.