一、问题的提出虽然小商贩问题由来已久,但直到近几年才引起部分学者的研究兴趣。而且,现有的研究主要围绕小商贩的商主体资格而展开。它们的结论往往是通过赋予小商贩以商主体资格而将这一群体的经营行为合法化。~①小商贩没有营业自由这一问题不是孤立的,它与农民没有(足够的)财产自 First, the problem raised Although the problem of small traders for a long time, but in recent years only attracted some scholars interest in the study. Moreover, the existing research mainly focuses on the business owner qualification of small traders. Their conclusions often legitimize the business practices of this group of small traders by empowering traders. The problem of small traders having no freedom of business is not isolated. It does not have enough (enough) property with peasants