Combination Or Separation Of Civil And Commercial Codes

With the rise of modern nation-state,the legislative power scattered in the hands of different organizations gradually converged into the hands of the nation-state,and the state gradually replaced other organizations as the sole source of law,and in the process of centralization of legislative power,Eliminating contradictions and conflicts within legal rules has become one of the core work of The building of ruling by law.In the process of the unification of legal system,how to deal with the relationship between civil law and commercial law,which has many similarities but significant differences become the core question of the construction of private law.Other countries have different models to deal with the relationship between civil law and commercial law,including separation of civil and commercial codes in form of continental lagal system,combination of civil and commercial codes in form of continental lagal system,combination of civil and commercial codes in essence of continental lagal system,separation of civil and commercial codes of Anglo American law systemIn different period of Chinese long legal history,it has different modes to deal with the relationship between civil law and commercial law,which can be roughly divided into four stages:the "two customs" separation stage before the late Qing legal reform,separation of civil and commercial codes from legal reform in the late Qing Dynasty to the period of Beiyang government,combination of civil and commercial codes during the period of Nanjing national government and the civil and commercial mode after the reform and opening up.After the reform and opening up,our country has entered a new stage of legal construction.Forty years of legal construction has accumulated rich results.The convening of the fourth Plenary session of the 18th CPC Central Committee,whose theme is "governing the country according to law",raised the construction of China's legal system to a new height.At this meeting,the CPC Central Committee made significant arrangements for the compilation of the Civil Code and the construction of China's civil code has entered a fast track.Under this background,whether to adopt the combination of civil and commercial legislation or the separation of civil and commercial legislation in the civil code of China has become a practical problem that needs to be solved urgently.Prior to this,the academic community had studied this issue in depth and achieved fruitful results,but the perspective of related research was mainly comparative method.In this study,the author adopts the dual perspective of comparative law and legal history,combs the relevant literature synthetically,and draws the conclusions on this basis.I hope it will be helpful to China's current legal system construction.