The Process To The Independence Of Commercial Law And The Choice Of Our Commercial Legislation Pattern

The development process of the commercial law of our country is different from that of western because of the historical traditions, socio-economic structure and so on. In the west, the process of production, development and independence of commercial law is a natural and modern process of inside ;In our country, from it starts, commercial law is the production of western civilization transplant, its development is a history of the localization process, a modernization of outside legal process . Although the differences between the west and the east, the development of the worldwide commercial law has not slowed down her footsteps. The decline of Commercial Code made the Civil Law countries doubt the reasonableness of making commercial law as a domestic law. Commercial activity has the international feature from the past to the present, and since the integration of the world economy, modern commercial law become more international and more standard. In this context, the whole world start to rethink the commercial legislation pattern, thereby our country's commercial law development process connects itself with the world. Therefore, the exploration of the commercial legislation pattern should be based on the objective reality of our social and economic life to search a localization and modernization way.Chapter I, the review of the process to the independence of west commercial law. Commercial law in the west has its origins in the profound socio-economic backgrounds and traditional cultures. From Middle Age merchant law to the European codification movement, commercial law has become an independent legal sector with its own independent adjustable target,...