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Study On The Establishment Of Commercial Legal System In China

Posted on:2008-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:X C WangFull Text:PDF
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The commercial law evolves from merchant's custom law in the Middle Ages. This kind of law which is created and self-disciplined by the merchant experienced certain development in the compile of the national law, also through the codification of commercial law in France and Germany, the commercial law was heading for contemporary commercial law, becoming more and more complete, and was playing ever significant role in national economy, consequently, casting much more importance of its role in the legal system. Nowadays, the advancement of the commercial law obviously reveals an international trend. Originally, the emergence of the commercial law relies on international trade among merchants, against the background that the dependence among the international community is reaching ever high, the international character of the commercial law becomes more evident. The future of the commercial law will further its international path in line with the advancement of economic globalization, help accelerate the convergence and fusion of the two legal systems as well as the more extensive application of international rules.In the trend of legal globalization along with China's entry to the WTO as the setting background, the construction of China's commercial system is embracing abundant opportunities for development in the marching process of China's market economy. Based on all these positive preconditions, the thesis proceeds to research on China's commercial law system.From historical perspective, the text initially researches on the definition of the commercial law via the nature and characteristics of the commercial law. Having had a clear grasp of the definition of the commercial law is the prerequisite of the research on the legislation of the commercial law, the definition of which involves the definition of commercial subject, commercial behavior as well as commercial operation, and the three legislation methods in the continental family evolved from these contents. In my point of view, the core of the definition of commercial law is commercial operation, further, the five characteristics of commercial operation is the key to fully understand the definition of the commercial law and help fix the scope of the commercial subject as well as commercial behavior.In the environment of socialistic market economy, to construct the commercial law system should faithfully follow the realistic situations of the nation, conduct research on the laws of the market economy, to reveal the role of commercial law in market economy. In the thesis, we raised the point of view that commercial law is the substantial law of the market economy, additionally, compared with other laws, the commercial law has a closer contact of the market, which plays a more direct role in it.Firstly, based on the obedience of the basic principles of the civil law, the legislation of the commercial law should define its principles, its own specific principles, and to set up the system of rules under the guidance of these principles. The thesis has had a summary of the principles of the commercial law, regards the dealing as the bench mark to further lay down the basis of the principles of the commercial law, which, also, in accordance with the inner characteristics of commercial relationship.To develop and perfect China's commercial law, we should have a review of the existing commercial law. From the perspective of the research and legislation status quo, the thesis inspected the problems our contemporary commercial law regime now facing, discovered a big headache for our commercial law, that is, there being no generals of commercial law, while single laws can not form a system. In the research of the commercial law, there always exists the problem of incorrect orientation, the problem that the legal rules put too much emphasis on theoretical analysis while neglect realistic analysis, also, highlight the continental family while overlook the common law family, etc.The thesis centers on the legislation agenda of the commercial law, putting forward some specific thoughts of the configuration of the commercial law system. Against the background that the legislation of the civil law is speeding up, still, in light of the Generals of the Civil Law, we believe that to formulate the Generals of the Commercial Law is relatively realistic, and with its guide, to further develop the system of single commercial laws.
Keywords/Search Tags:Commercial law, Generals of commercial law, commercial subject, commercial behavior
PDF Full Text Request
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