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商人习惯法是随着商事活动的发展出现的,自产生以来就在商事交易中起着重要的作用,其以灵活的调节手段著称,能够适应不断发展变化的商事活动。商事立法本身就要为适应不断变化的商事活动作出修改,而商法典则是对商事立法作进一步的整理编纂,在灵活性方面也将大大降低。因此根据我国的现状,从尊重商人习惯法的角度出发,为了保证商事立法的灵活性,中国商事立法的法典化不具有可行性和现实必要性。
The customary law of merchant emerged with the development of commercial activities. Since its birth, commercial customary law plays an important role in commercial transactions. Its customary law is known as a flexible means of adjustment and can adapt itself to evolving commercial activities. Commercial legislation itself must be adapted to the ever-changing commercial activities. The Commercial Code, on the other hand, is a further codification of commercial legislation and will be greatly reduced in terms of flexibility. Therefore, according to the current situation in our country, from the perspective of respecting the customary law of merchants, in order to ensure the flexibility of commercial legislation, the codification of commercial legislation in China is not feasible and realistic necessity.