Research On Commercial Subject From The Angle Of Enterprise

Commercial subject is the core problem in commercial law study. It is significant to the independence of the commercial law. Traditionally, the commercial subject limited to the "merchant". To the enterprise, the owner is merchant(commercial subject), and the enterprise is just the property of the merchant, not the commercial subject. But, along with economy development, the enterprise is turning to be the independent identity. And so many scholars think that the commercial law should regard the enterprise as the commercial subject. The article will discuss the commercial subject from the angle of the enterprise.The article will divide into five parts.The first part: to discuss the merchant. Firstly, it gives the summarization of the merchant in commercial law. Secondly, it reviews the history of the merchant in commercial law. At last, it will unveil the shortcoming of the concept of the merchant in commercial law.The second part: to discuss the enterprise. Firstly, it will introduce the common knowledge of the enterprise. Secondly, it reviews the history of the enterprise ,that will divide into traditional enterprise and modern enterprise. Last, it will bring forward that the modern commercial subject should base on the concept of enterprise, not the merchant. Then, the "the profit motive" and the "organism" should be the standard to identify the commercial subject.The third part: to discuss the independence of enterprise as the commercial subject. Firstly, through analyzing the independence of the merchant in commercial law, it unveils that the concept of merchant can not make the commercial subject independent from civil subject. Secondly, it discusses the real independence of the commercial subject based on the enterprise concept. Last, it discusses the core problem of the independence: the business ability of the enterprise.The fourth part: to discuss the legislation of the enterprise as commercial subject.Firstly, it discusses the division of the enterprise legislation between the enterprise as commercial subject in commercial law and the enterprise in economic law. Then, it brings forward that the legislation of the enterprise as commercial subject should pay attention to the organism.The fifth part: to discuss the construction of the system of commercial subject in China. Firstly, without the bondage of the merchant in commercial law, we should construct the system of commercial subject on the concept of enterprise. Secondly, it reviews the legislation of enterprise in China. The shortcomings of the legislation are: lack of profit-motive, lack of independence, lack of systematization. Last, it brings forward that we should rebuild the legislation of enterprise as the commercial subject.