Studies On The Relation Of Commercial Law And Civil Law

In the modern market-oriented states, commercial law, one of the most important legal branch, is a primary legal means of safeguarding the market economic order. But in China, in the past decades, commercial law didn't obtain its proper status due to special historical reasons. In recent years, with the development of innovation and socialistic market economy system established, a series of commercial laws have been made. The system of commercial law has been established in china elementarily. The system of commercial law makes socialistic market economy system steady. Now, China is the member of WTO, which indicates that Chinese economy enters into the economy of world. The development of Chinese commercial law will make our law about economy in step with the tide of world. For these reasons, there is important significance on reviving commercial law in China. With the development of commercial legislation in China, how to establish commercial legal branch is a subject of study and commercial legal theory is required. From the history of legal development as well as the experience of Chinese legislation and administration of justice, it is clear that the healthy development of Chinese commercial legislation and justice is unrealistic without the solution of primary commercial theoretic issues. In these issues, the relation of commercial law and civil law is the most important and basic problem. The problem indicates the value of commercial law and decides the fate of commercial law. In addition, China will establish civil code. Jurists come out with different viewpoints. But the first problem is the necessity of making a code of mercantile law. Now, the problem about the relation of commercial law and civil law appears. This dissertation discourses upon this question. The whole paper is divided into four parts as follows: Chart one: the collective private law basis of commercial law and civil lawThis chart says that commercial law and civil law are private law and have the same legal basis. Equality, free idea and honest are the same foundation stone.Chart two: comparing of commercial law and civil lawThis chart compares commercial law with civil law from history, character, object, trait of law, main value, main body and some system. Commercial law and civil law are different. Commercial law has independent history. Commercial law and civil law are private law. But commercial law contains more public law. Commercial relation is developed commodity economy. Civil relation is simple commodity economy. The character of commercial law is technique, advancement, freewill law added compulsive law and international. The character of civil law is ethic, immobility, freewill law and zone. Main value of commercial law is efficiency. Main value of civil law is equity. Main body of commercial law is corporation. Main body of civil law is person. Commercial law and civil law have a lot of differences in main provisions.Chart three: the main viewpoints on relation of commercial law and civil law in China and commentFirstly, this chart says scholar's main standpoints on relation of commercial law and civil law in China. Secondly, this paper dissertates is an independent legal branch in China from object and adjustive system. A lot of facts indicate that commercial law isn't the special law of civil law. Thirdly, the paper criticizes the eight reasons of not making commercial code in China, which are brought forward by the government of old China. At last, this chart points out that commercial law and civil law are basic law in private law. They are collateral and different legal branch. They regulate economic relation together. Commercial law mainly regulates developed commodity economy relation and civil law mainly regulates simple commodity economy relation. We must strive for making Commercial Code of PRC.