制定《商事通则》论纲--以总体思路、体系结构为研究内容

制定《商事通则》的总体思路是 :《商事通则》只应调整那些传统民法难以或不便调整的以营利为目的的社会关系 ;应以企业作为主要规范对象 ;只应将总纲性的法律规范 ,以及不宜以商事单行法的形式规范或以商事单行形式规范成本过高的内容包含进去 ;其法律属性应为具有较多公法规范的私法。《商事通则》的体系结构应根据我国现实的理论、立法和实践确定 ,应在《商事通则》的篇首置“基本原则”章。

On Constitution of General Principles of Commercial Affairs--study according to overall train of thought and systematic structure

The overall train of thought of constituting General Principles of Commercial Affairs is as follow: General Principles of Commercial Affairs should regulate the social relations only,which take profit as their aims and can not be regulated by conventional civil law. Its main objects should be corporations. It should include general law criterions and other content which are not suitable for commercial single file law to regulate or the cost is too high. Its lawful character should be private law,which be provided with lots of public legal regulation. Systematic structure of The General Principles of Commercial Affairs should be determined according to China's realistic theories,legislations and practice. Principal principles should be put in the first section of the General Principles of Commercial affairs.