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伴随着“编纂民法典”作为一项重要任务被正式写入《中共中央关于全面推进依法治国若干重大问题的决定》,民法典的编纂问题重新被社会广泛关注,如何处理民法典与商法的关系再度成为学界热议的话题。找准商事主体的定位,有机协调商事主体与民事主体制度的关系则已成为民法典编纂过程中不容回避的重要问题。本文拟对此做系统而深入的探讨,以期为未来我国民法典的编纂提供有益的理论参考与借鉴。
With the codification of Civil Code as an important task, it was formally written into the Decision of the Central Committee of the Communist Party of China on Several Major Issues in Ruling the Country by Law. The issue of the codification of civil code has been reopened by the community for a long time. How to handle civil code and commercial law The relationship has once again become hot topic of academic circles. Finding the positioning of the commercial subject, the organic coordination between the commercial subject and the civil subject system has become an important issue unavoidable in the codification of Civil Code. This paper intends to do a systematic and in-depth discussion, with a view to provide useful theoretical reference for the future compilation of our civil code.