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民商法包括两个方面一是民法,一是商法,二者之间要么是民商合一的关系,要么就是民商分立的关系。在我国目前现行的市场经济的特质和现代民法发展的条件下,我国采取的应该是民商合一的民商法模式。市场经济的发展需要法律的保障,这就亟需民商立法来促进市场的经济发展。民商立法要能够将自己和市场经济的发展规律时刻保持一致,获取最适合的市场经济的特质,形成优化的法律构建。人类不可逾越的经济心态包括市场经济,也可以说是商品经济。民商法之所以有着其自身的参考价值,是因为其在不同的市场经济的发展历史阶段,有着不一样程度,但总而言之,都经历了该阶段,所以说具有着其相似的特质。公平与公正是市场经济的重要特质和民商法必须具备的品格。
Civil and commercial law includes two aspects: one is the civil law, the other is the commercial law. The relationship between the two is either the integration of civil and commercial or the separation of civil and commercial. Under the current characteristics of the market economy and the development of modern civil law in our country, our country should adopt the model of civil and commercial law combining civil and commercial practice. The development of the market economy requires the protection of the law, which urgently needs civil and commercial legislation to promote the economic development of the market. Civil and commercial law should be able to always be consistent with the law of development of the market economy and acquire the most suitable characteristics of a market economy and form an optimized legal structure. The insurmountable economic mentality of mankind includes the market economy and the commodity economy. The reason why civil and commercial law has its own reference value is that it has a different degree in the historical stage of the development of different market economies. However, in sum, it has gone through this stage and is said to have similar characteristics. Fairness and justice are the important traits of a market economy and the qualities that civil and commercial law must possess.