Comparative Study on the relation between civil law and commercial law

“日本近代法律体系中的民商法”一文指出了日本现代法律体系中民商法关系的特点。法国民法典与商法典作为一部典型的现代法律，在原则上存在着质的区别。前者是为公民制作的，后者是为Marchants制作的。然而，在近代日本，民法是以商法为特征的。《19世纪的法律》一文论述了原《日本民法典》起草人Boissonade和现行《民法典》起草委员会组长Nobusige Hozumi的思想。博伊索纳德认为，民法不是为游行者而是为公民而制定的，其目的之一就是效仿《拿破仑法典》的模式，保障穷人的安全。与他不同的是，Hozumi承认，公民生活在一个强者掠夺弱者的世界，民法旨在为竞争社会中的赢家富人提供财产安全。上述两篇论文表明，现代日本的民法和商法与现代法国的关系有很大的不同。现代法国法律的经济基础是前资本主义时代。与此形成鲜明对比的是，近代日本制定了两部旨在形成资本主义社会的法律。

"Civil law and commercial law in japanese modern legal system"This paper pointed out the characteristics of the relation between civil law and commercial law in Japanese modern legal system. Code civil and Code commercial in France as a typical modern law were qualitatively different in principle. The former was made for citizens, and the latter for marchants. In modern Japan, however, Civil law was characteristic of commercial law."19 century in law"This paper treats the thought of Boissonade (who drafted the former Code civil for Japan) and HOZUMI Nobusige (who was the leader of drafting committee for the current Code civil). Boissonade understanded that civil law was legislated not for marchants but for citizens and one of purposes was to guarantee security of the poor after the model of Code Napoleon. In contrast with him, HOZUMI admitted that citizens lived in a world where the stronger prey upon the weaker and civil law aimed at providing security of the properties for the rich as a winner in a competitive society.The above-mentioned two papers demonstrated that the relation of civil law and commercial law in modern Japan differed profoundly from one in modern France. The economic foundation of modern French Law was pre-capitalism. In marked contrast with this, two laws in modern Japan were made with the intention of forming a capitalistic society.