On the Choice of Legislative Form of Business Law in China

There chiefly exist two representative viewpoints in academic circles on the legislative form of commercial law:“the separation of the legislation of civil law and commercial law”and “the union of the legislation of civil law and commercial law”。The authors hold that commercial law is a unit of law closely relative to the tradition of law and culture as well as the political and economy structures of a country itself. China should take the culture and system of the law of the main land as the background,integrate the unique tradition of the law and culture,and then chose,on the basis of the analysis of the requirements of the development of socialist market economy,the unique legislative form of commercial law of China that brings the common principles and contents of the civil and commercial affairs into the unified civil code and allows the cxistence of the special commercial system in the form of separate regulation.