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民商立法体制向来是理论界争论的热点,在大陆法系各国的商事立法实践中,形成了三种体制,一是民商分立,二是民商合一,三是分合折衷体制。民商分立冲击着我国的传统思想文化,使我们现有文明中一些落后的不适应经济社会发展的内容得到调整,为社会进步提供有力的思想文化保障,具有重要意义。
The system of civil and commercial legislation has always been the focus of controversy in the theoretical circles. In the practice of commercial legislation of civil law countries in various countries, three systems have been formed: one is the separation of civil and commercial businesses; the other is the integration of civil and commercial businesses; and the third is the compromise and integration system. The separatism between civil and commercial industries has hit the traditional ideology and culture of our country and made some adjustments to the contents of our current civilizations unfit for economic and social development so as to provide powerful ideological and cultural guarantees for social progress.