一、商法公法化界定查士丁尼的《法学总论》指出:“法律学习分为两部分,即公法和私法。公法涉及罗马帝国的政体,私法则涉及个人利益。”商事法在西方传统法体系上属于商人自治法,是典型的私法。然而,现代社会已经意识到人们为了追求其个体利益的最大化,有时甚至会滥用其权利、不惜以牺牲诚信为代价,这将影响到国家、社会的 First, the legalization of commercial law Justin Ding's “Law Summary” pointed out: “Law is divided into two parts, namely, public law and private law.” Public law involves the Roman Empire, the private law is related to personal interests. " Western traditional law belongs to the business autonomy, is a typical private law. However, the modern society has realized that in order to maximize their individual interests, people sometimes abuse their rights at the expense of honesty and credit, which will affect the social and social