Study On The Equilibrium In Modern Civil Law And Commercial Law

Firstly, the article introduces the regulation and change of the reliance in civil liability system of American Securities Law: from strict requesting the plaintiff to prove the reliance to Fraud-on-the-Market Theory and Transaction-at-the-Same-Time Theory. The author thinks this fine change incarnates that Securities Law gives extra protection to investors who are located in weak status of fund, information and so on. Otherwise it gives developing trend limited especially to issuers and dealers who are located in powerful status. This trend, in fact, is the exhibition that modern Civil Law and Commercial Law pay more and more attention to Equilibrium.The author thinks the Equilibrium in Civil Law and Commercial Law is that in order to realize the genuine equality, according to contrast of parts' realistic power, the law adjusts their legal rights and obligations, and distributes the interest fairly. The base of the Equilibrium is contrast of the realistic power of parts-to be limited to powerful side, and to be assisted to weak side. The approach of the Equilibrium is the adjustment of legal rights and obligations-in order to achieve the function to adjust the power contrast of parts. Essential of equilibrium is interest, for it is the center of the private law and legal rights. The direction of the Equilibrium is equality. The produced background of the Equilibrium is following development of economy and progress of science technology, and the citizen society lost gradually its equality which is in the primary period.The author thinks in different social (law) relationship, it should have different standards and bases to deal the conflict of interest. It should not confuse the resolved means of interest conflict in public law with in private law. So the biggest difference between the Equilibrium and the Evaluation of Interest in most treatises rests is that the Equilibrium puts its eyes into solving interest conflicts in Civil Law and Commercial Law, and it thinks the equality as the valuable tropism only. At same time, the Equilibrium is used not only in judicature, but also in legislation. On the contrary, the Evaluation of Interest is only used in law explanation. It is very important to the development of modern Civil Law and Commercial Law.The Equilibrium and Equity is terms with different special meaning, so we could not put them off.The Equilibrium plays an important role in the modernization of Civil Law and Commercial Law. The change from Conceptualism to Free Law School is the result thatthe jurisprudence admits and uses the Equilibrium as an important method in research. In the legislation of the modern Civil Law and Commercial Law, the Equilibrium develops the basic principle of the Civil Law, which results in the "death" and "rebirth" of contract. It is the demand of protection of parts' interest by the Equilibrium that the dilation of the torts liability.All in all, the Equilibrium is the masterstroke in the modernization of the Civil Law and Commercial Law.