关键词： 商法通则, 商主体, 商行为

Abstract: The special needs of commercial subjects for commercial legislations,which include practical supremacy,legal certainty,legal innovation and progressiveness,and the relative stability of the law practicality,are the internal basis of the independence of commercial law,and the particularity of commercial relations as opposed to civil relations is the external manifestation of the independence of commercial law.After facing the core issue of the independence of commercial law,we must return to the commercial legislation model itself.Since the civil code model and the commercial code model cannot solve the current problem of commercial legislation,the general rules of commercial law is the only way to solve the problem.On the basis of comparative analysis of the legal system and the basic structure of the commercial codes in major countries,it is suggested that the general rules of our commercial law should adopt the legislation of the eclecticism.The general framework of the General Rules should include general provisions,merchants,registration of businesses,business codes and business assignments,business books,managers,business assistants,commercial agents,and the general provisions of business activities and so on.

Key words: general rules of commercial law, commercial subject, business activities