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一、我国商事立法现状我国现行商事立法主要由《民法通则》以及《公司法》、《证券法》、《票据法》、《保险法》、《海商法》等各类单行商事法律组成。《民法通则》对各类商事法律关系给予宽泛指导,各单行商事法律对各类商事法律关系作出具体安排。随着我国市场经济的不断发展以及国际间经济贸易往来逐渐频繁,现行商事立法模式已不能满足经济发展需要且弊端日益显露。(一)商事立法体系不完善,存在诸多立法空白我国商事立法体系不完善是由现行商事立法模式决定的,立法模式的局限性导致商事立法在诸多领域出现空白。众所周知,民法调整平等主体之间的财产关系和人身关系,它所追求的价值为
First, the status quo of China’s commercial legislation China’s current commercial legislation is mainly composed of “General Principles of Civil Law” and “Company Law”, “Securities Law”, “Notes Act”, “Insurance Law” and “Maritime Law” and other types of commercial law. The General Principles of Civil Law gives broad guidance on the legal relations of all kinds of commercial matters and the commercial laws of each single bank make concrete arrangements on the legal relations of various commercial matters. With the continuous development of China’s market economy and frequent international economic and trade exchanges, the current commercial legislation model can no longer meet the needs of economic development and its drawbacks are becoming increasingly apparent. (A) the commercial legislation system is not perfect, there are many legislative gaps The imperfect system of commercial legislation in our country is determined by the current commercial legislation model, the limitations of the legislative model led to commercial legislation in many areas blank. As we all know, civil law adjusts the equality between the main property relations and personal relationships, it pursues the value of