一、引论商事审判的发展历程实与我国各部门法的地位密切相关。改革开放之初,经济法时代的到来,基于对经济工作的重视,更是由于对法律部门划分的认识较为粗浅,将与经济直接相关的案件均冠名以经济案件,相应的庭室即为经济庭。这一时期,商事审判被作为经济审判加以对待。然随着20世纪80年代民法与经济法的论战,经济法渐处弱势,直到《民法通则》等一系列重要民事法规的通过,民法对经济活动的统摄力逐步获得了认可,这在法院系统内部表现为2002年前后的大民庭的建立,“经济审判”作为专业用语退出历史舞台。①商事审判也就成为大民事审判的当然组成部分,这种结构也正是与大陆法系“民商合一”的立法体例不谋而合。但商事活动与民事活动的差距并未 I. INTRODUCTION The development history of commercial trials is closely related to the status of various departments and laws in our country. The beginning of the reform and opening up, the arrival of the era of economic law, based on the importance of economic work, but also because of the understanding of the division of law is more superficial, will be directly related to the economic case are named economic case, the corresponding chamber is Economic Chamber. During this period, commercial trials were treated as economic trials. However, with the controversy between civil law and economic law in the 1980s, the economic law was getting weaker and weaker. Until the adoption of a series of important civil laws and regulations such as the “General Principles of Civil Law,” the civil law gradually recognized the power of economic activities. In the court system The internal performance of the establishment of a large court before and after 2002, “Economic Judgment” as a professional language to withdraw from the stage of history. Commercial judgments have also become an integral part of the trial of great civil justice. This kind of structure exactly coincides with the legal system of civil law and commercial integration. However, the gap between commercial activities and civil activities did not