论民商法价值取向的异同及其对我国民商立法的影响

民法和商法作为调整市场经济关系的重要法律制度,既有密切联系又有一定区别。其区分依据除了要考虑法律的调整对象之外,立法价值取向的差异也是一个非常重要的因素。民法的最高价值取向是公平,立法上采取的是公平优先原则;而商法的最高价值取向则是效益,立法上采取的是效益优先原则。正确认识民法和商法在价值取向上的不同,无论对于理论研究还是司法实践都具有非常重要的意义。

A study on trendency of valuation of civil and commercial law and influence of legislation about china''''s civil legal system

In accordance with my opinion, civil law and commercial law are the important part of the entire legal system, which adjust and balance the market and economy system. Both legal body have tightly relationship but to some extent have difference. how to differentiate commercial law and civil law? Firstly, one factor is based on different objective; another important factor is valuation of legislative trendency . The most valuation of civil law is justice , and then legislator set it prior to other evaluative methods. On the other hand, the top valuation of commercial law is efficiency, and then many experts set it priority. As far as I am concerned justice practice and methodology, corrective evaluating the future and influence of civil law and commercial law is of great significance.