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商法的基本理念是对商法的内在本质与客观规律的理性认识、总的看法和根本观点,是商法在调整商事实践活动中所必须达到的目标。然而,由于我国历史背景和经济政策的影响,我国商法基础理论的发展较为落后,商法的基本理念也不够清晰和具体。本文从保护营利、私法自治、经营自由、加重责任这四个方面去阐述我国商法所应具备的基本理念,并为构建我国商法的基本理念做一些实质性的思考。
The basic idea of the commercial law is the rational understanding of the intrinsic nature and objective laws of the commercial law, the general view and the fundamental viewpoints, which are the objectives that must be met in the commercial practice of commercial law. However, due to the historical background of our country and the impact of economic policies, the development of the basic theory of commercial law in our country lags behind and the basic concepts of commercial law are not clear and concrete enough. This article from the protection of profits, the autonomy of private law, freedom of operation, aggravate the responsibility of these four aspects to explain the basic concepts of business law in our country, and to build the basic concepts of our commercial law to do some substantive thinking.