Commercial legal relation bodythe definition of businessmen and approval of the laws are subjectivity basis to estabilish commercial order. Modern commercial partnership obviously has essential differences from civil partnership, commercial individual and commercial corporation. However, the cognition of partnership has been frequently made at a loss, which affect the establishment and perfection of market order. Based on the general legal concept of commercial partnership ,this paper tries to reveal the internal legal quality of modern commercial partnership ,mainly in combination of the new 《Partnership Enterprise Code》,so that one more definite judgment on commercial partnership can be theoretically made and applied to legal practice.