罗马商法及其与“民法”的合一 ――以优士丁尼《法学阶梯》为考察对象

民法；商法；民商合一；民商分立；商人法
Unity of civil and commercial law is a thing after the 18th century when people began to divide the law into different departments according to their objects. The civil law of ancient Rome is the whole of secular law, which naturally includes commercial law. Roman commercial law is divided into commercial enterprise law and commercial conduct law. The relatively low condition of the Roman merchant class and the great flexibility of the civil law made Roman commercial law no independence. The civil law is merciful, while the commercial law is harsh. The mercy of the law undermines the efficiency and precision of commercial activities. For the sake of self-protection, the strong merchant class of the Middle Ages has created an independent businessman law. The birth of business law does not mean that the birth of commercial law, but the birth of a specific form of commercial law. The unity of civil and commercial law includes three aspects,namely legislation, judicature and legal teaching, and no country has achieved all of the three unities.