A Study Of Legal System On Business

The problem of business is one of the essential parts of any description in the commercial law. Business consists of the static business and the dynamic business, the former refer to the business property; while the latter which carry out under the guidance of the principle of business freedom. Business property is a kind of special property in business transactions; meanwhile, freedom of business is one of basic principle of the commercial law. Therefore, one of the fundamental goal of the commercial law is that, on the one hand, governed any infringing act which interfering with operating of business, to protect the business interests of merchants; on the other hand, maintained the order of business transactions with the object of promoting economic development. In a word, an intensive study of business system has a huge influence on the practical and theoretical significance. The thesis is aimed taking an objective analysis from the static business, the dynamic business and the obstruction of business operation on the basis of the angle of the Business, giving specific advices for business system in China based on both current situation at home and advanced experience of abroad. Then, such specific proposals, not only have huge contribute to the construction of commercial legal system in China, but also improving the Chinese socialist market economy gradually perfect.This thesis is divided into five parts:Chapter one mainly expounds the function of Business in the construction of commercial law of continental legal system, and proposed that China should be introduced the concept of business into the region of commercial law;Chapter two, defined the static business, the dynamic business and the obstruction of business operation respectively start with the whole meaning of Business;Chapter three mainly analyzes the limitation of contractual management system in China from the perspective of Business, and proposed the advices of revise the management right in China;Chapter four mainly inspects foreign country's system on Business from three aspects: the similarities and differences of business property laws, the established of business principle of freedom, as well as working out the standard of the obstruction of business operation;Based on the analysis above, Chapter five concludes the existing problems of Business system in China, and put forward practical proposals and measures which draw on the advanced experience from foreign countries.