一、制定《商法通则》是务实立法的必然选择(一)“民商合一”与“民商分立”立法模式的理论博弈我国大陆自改革开放以来,随着对商品经济和市场经济的探索与承认,特别是随着民法典起草制定工作的展开,在学界也出现了“民商合一”立法模式还是“民商分立”立法模式的广泛争论。 I. General Principles of Commercial Law Are the Inevitable Choice of Pragmatic Legislation (I) Theory of “Legislation of Civil and Commercial Integration” and “Civil and Commercial Discipline” Theory Since the reform and opening up of China’s mainland, with the reform of the commodity economy and With the exploration and recognition of the market economy, especially with the formulation of the drafting and drafting of the Civil Code, there has also been a widespread debate in the academic circles about the legislative model of “civil and commercial integration” or the “civil and commercial separation” legislative model.