Whether the formulation of the general principles of civil law shall be civil-andcommercial-law-in-one style or civil-and-commercial-law-in-separation style shall be based on the relationship between civil and commercial laws. In fact, the differences between the civil law and commercial law in terms of the spiritual concept, value principles and standard structure are obvious. Therefore, the heterogeneity determines that the making of the general principles of civil code shall not be based on the one-for-all civil-and-commercial-relationship style. The inherent function of the civil code is to adjust the social relationship for the citizens while the civil-and-commercial-law-in-one style would expand the adjustment function of civil code into the unjustifiable range, which is the result from the misjudgment of the development tendency of the private law. Until now, there is no such a successful precedent. The civil law could only respond to the changes in the commercial field within its own logic and system function range, and is unable to guide the special commercial law. The entry of the commercial rules into the general principles of the civil law is bound to result in the logic disorder and functional dislocation. Therefore it is a rational choice to formulate the content and system of general principles of civil code according to the pure civil law logic.
童列春. 民商合一立法体例理论质疑[J]. 浙江工商大学学报, 2018, 32(6): 43-49.
TONG Liechun. Theoretical Question on the Integration of Civil and Commercial in Legislation. Journal of Zhejing Gongshang University, 2018, 32(6): 43-49.