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一、商法思维产生的客观历史基础商法思维的产生是与商法的产生紧密相关。一部商法产生的历史,就是商法思维产生的历史。中世纪欧洲的商事实践,导致了商法逐渐地形成、发展、成熟,从而导致了商法思维的形成。中世纪商人最伟大之处就在于,他们根据自己的意愿创造了自己的法律①。“欧洲在混乱的10世纪后的复兴,一个重要的方面,就是城市和一个生意和商业阶层的出现和发展。这一发展,为欧洲从一种乡村的农业社会演化到一种城市的工业化社会,奠定了基础;而且,这一演化后来还具有了全球化的意义。”②早期贸易制度指的是10世纪以前存在的商业惯例和商事习惯法,主要是围绕集市的需要形成的集市交易惯例和集市管理法律制度。“在紧接着的11、12世纪中,农业生产迅速
First, the objective and historical basis of the commercial law thinking The emergence of commercial law thinking is closely related to the emergence of commercial law. The history of a commercial law is the history of the thinking of commercial law. Commercial practice in medieval Europe led to the gradual formation, development and maturation of commercial law, which led to the formation of commercial law thinking. The great thing about medieval merchants is that they have created their own laws according to their own wishes. ”One of the important aspects of the revival of Europe after the chaotic 10th century is the appearance and development of the city and a business and business class that has seen Europe evolve from a rural agrarian society to an urban industrialization Society, and laid the foundation for its development; moreover, this evolution has also gained the significance of globalization. "2 The early trading system referred to the commercial practices and commercial customary laws that preceded the 10th century. They were mainly formed around the needs of the bazaars Market trading practices and market management legal system. In the ensuing 11th and 12th centuries, agricultural production was rapid