| The basic principles are the commander of the Commercial Legislation, the highest standards of commercial legal research and commercial activities of the trial, are the concrete manifestation of the commercial values, are the key commercial theoretical framework by which the commercial law achieved independent status. For a long time, China’s Commercial Legislation, commercial legal research and business trial practice has got fruitful achievements, which has made important contributions to the commercial law as an independent legal department. However, the basic principles of commercial law of induction, general and theoretical research has been unable to reach a consensus. Commercial legislative activities are mainly for the development and modification of some specific business law, no development of uniform commercial code or the General Business Law. In each specific business law, subject to the limitations of legislative specifications and adjustment range, it is impossible to make general provisions of the basic principles of commercial law. Although theoretical studies has covered the basic principles of commercial law, but scholars put the Institute for Commercial Subjects of enthusiasm is much lower than the study of a specific commercial sector, this situation has also led us to grasp the basic theory of commercial law, in particular General understanding of the content of commercial law has been unable to get rid of "the French Commercial Code" and "German Commercial Code" of the rut, basically still stuck in the 19 th century, the cognitive level. As we all know, according to the "German Commercial Code" has enacted more than one hundred years. Nowadays, two famous Commercial Code has long been a rich novel of the hollowed out of a single law, few provisions are still in force, this phenomenon is called "solution codification." After the human society into the 20 th century, especially after World War II, international economic integration and commercial trends have prompted significant changes in the activities have taken place, especially in the past 20 years, with the development of Internet technology, human society has been formally from the industrial age into the information age, as the representative of the emerging e-commerce transactions has profoundly changed the basic human social life, but also have a great impact on the existing rules and laws relating to trade and commercial transactions. If we are still too conservative to insist on the commercial systems a hundred years ago, especially General Business Law system is literally no doubt, the result must be poles apart. Situation calls for new era theory of adaptation and keen to make a change, this shift is not only reflected in the specific study of changes in the rules of commercial law, should reflect on the changes in the basic principles of commercial law. The new way of business transactions, will require a new breed or commercial matters spiritual, but the basic principles of commercial law and commercial spirit is the communication bridge between the commercial spirit is the spirit of commercial activities on the development and embodied in the applicable commercial law. In addition to commercial research, commercial trial practice there is the absence of the basic principles of commercial law case. Since China adopted the legislative system of Civil-commercial Syncretic, commercial law and civil law norms are mixed together, the judge rules for recognition and commercial law judge there are some obstacles, but the basic principles of commercial law for carrying commercial spirit, but also a lack of adequate commercial values know that in business trial practice, it is difficult to understand and apply the correct specification of commercial law, particularly in the case law and lacking the next encounter new types of commercial disputes, can not be promptly and creatively apply the basic principles of commercial law judge to make a decision as to As a result of inappropriate caused referee. Seen on the basic theory of commercial law, in particular the study of the basic principles of commercial law and commercial legislation to improve the theoretical depth study of commercial law, promote Shoji referee rationalization of great practical significance.In this paper, using the basic principles of commercial law as research content, mainly to the commercial transaction benefits perspective, research methods of case type. For the basic principle of generality and abstraction, in addition to the basic principles of the necessary logical explanation, mainly from the case in the judicial practice of search in specific cases, the referee in the process, the judge should be how to use the basic principles of the commercial law correctly understand and apply the law, especially when the legal loopholes, or the constitutive requirements and legal effect on the legal controversy when, how to use the basic principles of filling the holes, resolve disputes, in order to judicial conclusion safe, in order to reach the goal with the same sentence.Chapter one is the definition of performance and Study on commercial principles. First studied the relationship between commercial law and commercial law, commercial law and the commercial law value rule, that the main benefit is the value of commercial law, commercial law is the principle of commercial law value of the performance and echo; points out the guidance, evaluation, vulnerability commercial principles supplement function, and how the commercial trial Thinking on commercial principles of judicial application. In comparing the various theories basis, the author puts forward three principles of commercial law, that is the main commercial enhancement principle, benefit principle and the commercial trade and commercial transaction security principle. Commercial subject enhancement principle mainly for commercial subject qualification of access and exit mechanism, the aim is to ensure that qualified business subject to enter the market transactions. The principle and the principle of security and commercial transaction efficiency mainly for business behavior, the aim is to ensure that commercial profit-making activities can run in the orbit of the rule of law. These three principles constitute an organic whole, but commercial transactions benefit principle is the core principle of commercial law. In addition, the basic principles of commercial law can not be the problem of relationship between avoidance and basic principles of the civil law and the basic principles of economic law, the relationship between the three basic principles of department law and three law are necessary to clarify the theoretical premise, also is the correct definition of the commercial law principle.The second chapter mainly study on commercial trade benefit principle. The so-called commercial trade benefits, its meaning is to make a profit. Therefore, to protect the profit is the basic legislative policy of commercial law, commercial law is composed of values. The relationship between the basic analysis model is the cost and benefits of economics, to maximize the earnings, the main transaction always make every attempt to reduce transaction costs, so simple transactions, lower transaction costs also reflected the benefits principle of commercial law. Modern market vary from minute to minute, the legal adjustment should also adapt to the characteristics of commercial transactions, the system should be designed to facilitate transactions faster as the goal, this is for the commercial law the principle of efficiency required. Finally, in the face of business people seeking profit trading arrangements, even if there is a dispute and controversy, the law should also be maximally keep modesty, uphold the moderate intervention of the bottom line. This chapter combines the case, were fully explained to the principle of benefit from the protection of the profit, the simple transaction, transaction quick angle.The third chapter mainly studies the relationship between benefit principle and other principles, emphasized the penetration of commercial transactions benefit principle of commercial entities, strengthening principle of commercial transaction security principle. Osmotic described here, refers to the ultimate goal of commercial subject strengthening, transaction security is to realize the benefits of commercial transactions. Commercial subject strengthening principle, necessary condition for market access requirements of commercial subject with market activity, market withdrawal is the commercial subject crisis market order timely demise, risk dispersion by limited liability company and other ways to reduce the risk of the commercial subject use, these are all in order to create a can create social benefits, commercial subject. The commercial transaction security principle, publicity purpose is to reverse the unsafe state caused by information asymmetry, the appearance theory emphasizes the business behavior to determine the legal effect of appearance, specific business behavior must request also is by no means to increase transaction costs, but to pay Yi Anquan, a good deal of safety is designed in order to better promote the transaction benefit.
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