电子商务背景下商个人制度建构的问题与思考

The Problems and Reflections on the Construction of Individual Business System under the Background of E-Commerce

摘要: 在数字经济时代，越来越多的自然人通过电商平台成为独立的商个人。这给商法中的商个人制度注入了新鲜的血液，但与此同时也反映出许多新的问题。检索我国现存法律规范可以得知，我国的商个人制度面临着法律规范欠缺完备、司法实践适用较少以及程序机制不够健全等困境。因此，应当从弥补商个人领域的立法空白、完善商个人登记制度和建立合理的商个人监管制度这三个方面出发，思考商个人制度建构的未来进路。

Abstract: In the era of digital economy, more and more natural persons have become independent business individuals through e-commerce platforms. This has injected fresh blood into the commercial individual system in commercial law, but at the same time, it also reflects many new problems. By searching the existing legal norms in our country, we can find that the commercial individual system in our country is faced with such difficulties as lack of perfect legal norms, less application of judicial practice and imperfect procedural mechanism. Therefore, we should start from three aspects: making up the legislative gap in the field of business individual, perfecting the business individual registration system and establishing a reasonable business individual supervision system, and consider the future path of the construction of the business individual system.