Research On Commercial Subject

With the development of the times, the nature of "merchant" in traditional sense is different from the nature of ''commercial subject" in modern sense. In this paper, we use the method of comparative law and the method of historical jurisprudence. Combined with the existing theoretical natures, we compare and select the nature of "commercial subject" in the view of horizontal (including the main existing legislation of France, Germany, Japan, Korea and so on) and vertical (the end of the Qing Dynasty, the Beginning of the Republic and existing legislation). We focus on the features of the "commercial subject". We reveal the features of for-profit and organization in the view of economics; emphasis on their legal status from a legal point of view, and then summarized the nature of the "commercial subject"—A corporate or other economic organizations which is for-profit; legally registered; regularly carry out commercial act in the name of an independent.The legal form of "commercial subject" is related to it's status and identity. Compared to other aspects of the "commercial subject", it demands high stability. Therefore, it is essential to clear the legal form of "commercial subject". In china, it exits three legislative logics according to the nature of property rights (ownership), investors and the responsible form of the members. We find the defects of the foreign legislation through the statutory classification and the classification of theoretical. We get the conclusion that we should not take classification in legislation.Finally, we sum up the legal form of "commercial subject" through adjustment, integration and unity. The legal form of "commercial subject" ought to be business partner and company. It should be noted that this form of legal regulation is not the main business of the specific form, but a command, and forward-looking regulatory advocacy. We should not be made to carry out the statutory classification, but we can refer to "the Shenzhen Special Economic Zone commercial bill". We can use limited, unlimited and mixed responsible forms to cover the forms of commercial subject. At last, we raise the outlook of the commercial subject legislation.