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本文对我国有关流动摊贩的现行法律规定做了分析,得出流动摊贩在我国目前法律规制下并没有得到明确的结论。而这种不合法是由于流动摊贩经营场所的不确定而无法进行商事登记所导致。以商事登记立法原则发展为导线得出商事登记制度的意义,并明确该意义对流动商贩这种特殊主体并无必要性。最后得出我国流动摊贩制度应当借鉴德、日等国小商人的制度,对其进行合法化,以便能更好的维护市场秩序。
This article analyzes the current laws and regulations on mobile street vendors in our country and concludes that mobile vendors have not got a clear conclusion under the current legal regulation in our country. This illegality is caused by the uncertainty of the place where mobile vendors are located and the inability to register their business. It is not necessary for the special subject of mobile trader to draw the significance of the commercial registration system by taking the development of the legislative principle of commercial registration as the guideline. At last, it concludes that the system of mobile vendors in our country should learn from the system of small businessmen in Germany, Japan and other countries to legalize them so that the market order can be better maintained.