Comparative Study on the relation between civil law and commercial law

“日本近代法律体系中的民法与商法”本文指出了日本近代法律体系中民法与商法关系的特点。法国民法典与商法典作为典型的现代法律，在原则上存在着本质上的差异。前者是为市民设计的，后者是为商人设计的。然而，在近代日本，民法具有商法的特点。“19世纪的法学界”本文对日本前民法典的起草者布瓦索纳德（Boissonade）和现民法典起草者堀津伸成（HOZUMI Nobusige）的思想进行了探讨。布瓦索纳德明白，民法不是为商人制定的，而是为公民制定的，其目的之一是按照《拿破仑法典》的模式保障穷人的安全。与他相反，HOZUMI承认，公民生活在一个强者捕食弱者的世界，民法旨在为富人提供财产安全，在竞争社会中成为赢家。上述两篇论文表明，近代日本民法与商法的关系与近代法国民法与商法的关系有着深刻的不同。现代法国法的经济基础是前资本主义。与此形成鲜明对比的是，近代日本的两部法律都是为了形成资本主义社会而制定的。

"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.