The Inevitable Choice: the Separation of Civil Law and Commercial Law

As the basic security of commercial transaction,the function of commercial law is not only protecting the interests of market subject,but also standardizing the order of commodity economy.As a result,it can promote the national prosperity and strength.The construction and development of both legal system and economy cannot go ahead without the founding of commercial law.However,it is argued regularly on how to establish the legislative system of commercial law: whether to choose the combination or separation of civil law and commercial law? With the rapid development and growing strength of the market economy in China,the system of separation of civil law and commercial law,which is applied successfully in Germany,France and Japan,should be our nation’s best choice from the point of the present author.