Font Size: a A A

Study Of The Commercial Law Development History To Discussion Of Its Current Embarrassment Situation In China

Posted on:2007-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q H ZhuFull Text:PDF
GTID:2166360212457975Subject:Economic Law
Abstract/Summary:PDF Full Text Request
From the historical development of the Commercial Law, the current situation overseas and the characteristics and value of the commercial law, the Commercial Law is the closest and realistic reflection and summary of social development from the legal aspect. Since the 1990s, China has successively promulgated a number of commercial separate laws rapidly. It took several decades or even a hundred years for the commercial law to be gradually developed and improved in overseas countries, while in China it took us only a few years to reach the same stage of development. We should feel blessed or proud, although some problems will continue to appear. From a structural point of view, China's commercial systems are gradually taking shape. However, a simple and rapid reference to China's actual situation is bound to create an "indigestion" phenomenon. Commercial embarrassment resulting in maintaining the status quo is inevitable.At present, China's commercial law development history shows that the essence of the commercial law is not yet developed as a social consciousness and has not yet gained the society's recognition which makes the introduction of the commercial law difficult. Meanwhile, heated debates on the "separation of civil and commercial" and "Combination of Civil and Commercial Laws" are very common. It has a negative impact on the existence of the foundation of commercial law, and it will create an obstacle to a sound legal system of commercial law.Finally, business structure and content are yet to decide. Therefore, to improve our commercial advocacy of a modern commercial idea where Commercial law quickly establishes an independent status, it will take times to establish and improve the system for business proposals. In this paper, a total of five sections, the introduction, and a brief overview of commercial development in China profiles leads to the basic concept of commercial law. Partâ… is the commercial history of the origin of the commercial focuses on the development process; Partâ…¡is the foreign commercial status. It mainly on the current international adopting a "civil and commercial separation" and "Combination of Civil and Commercial Laws" in the analysis of the status quo and the causes; Partâ…¢is the commercial nature of the law that both public and private, profit-making, flexibility, technical and international. It is the basic feature of modern commercial law; Partâ…£commercial value, including the value and purpose of valuable as a tool, Commercial purpose subscript value is the ultimate value is the main commercial exploitation, and a tool to protect the value of commercial transactions, including the security, and promote the efficiency of commercial transactions; Partâ…¤The confusion of Commercial law development in China, Commercial law development in the history of our country shows that the spirit has yet to become a commercial society. The confusion has three aspects: " The separation of civil and commercial laws" and "Combination of Civil and Commercial Laws" and voices controversy for business Structure and content are yet to be decided. Partâ…¥is some suggestions to improve China's commercial law, we must vigorously advocate the idea of modern commercial law and the establishment of an independent status for business development and improve the system.This paper adopts a comparative analysis of the history of commercial law, the current status of international commercial law and the characteristics and values of our perplexity and countermeasures to quickly establish commercial independent status vigorously promoting the prosperity of business activities. Mr. Zhang said the key to achieving commercial law is attributed being agile and flexible, combined with the current international trade, competition has become increasingly fierce, and the economic situation must be compatible with the commercial regulations, and to strive for improvement before they can meet the requirements for the development and promotion of commercial prosperity.
Keywords/Search Tags:commercial law, develop, " The separation of civil and commercial laws"
PDF Full Text Request
Related items