On Commercial Behavior

Legal behavior is an unique abstract concept in the civil law system, which manifests it's tradition of the logic reasoning. As the lower power concept of legal behavior, commercial behavior is only a legal diction in the civil law system commercial law, and it's an outcome of formal rational. No matter whether adopting combination of civil and commercial laws legislative pattern or separation of civil and commercial laws legislative pattern, civil law countries all pay great attention to the abstract generality of commercial behavior, and also provide great positions to it. However, when we compare the historical evolution of commercial law and legal behavior, we can find the inherent flaws of commercial behavior institution.The French Commercial Code, the German Commercial Code, and the Japanese Commercial Code are considered as the three most important Commercial Codes in the civil law system. For more than a hundred years, the German and the Japanese Commercial Code have become more perfect day by day after several times of modification. When we explore the theory of the healthy development of China's commercial law, what we really need to think about is not how many people support this view, but whether the definition of this concept at the core statute is scientific and feasible. After reviewing on various theories, the author considers the core elements of commercial behavior is the following two aspects, pursuing of profit and operating of business. The author thinks commercial behavior has the following characters, profit-making, appearance of business, international development, subject of businessman, technique, and special judicial.Although commercial behavior bases on the civil-law legal behavior, and is similar to civil-law legal behavior in many aspects, but it has some particularities that can't be include in general civil-law legal behavior. So it has to set up commercial behavior institution outside civil-law legal behavior in order to adjust commercial legal relationship based on commercial behavior. We should recognize the essence of commercial behavior, construction this constitution according to the concept and principle of private law. Legislative model of commercial behavior can't be in full accordance with existing legislation, or totally divorced from the practice proved to be more mature and workable. We should make our decisions through systematic thinking and based on internal rules of commercial law.