A Study Of Fundamental Problems Of Commercial Subject

As our socialist market economy keeps developing, the impact of world economy on China's economy gradually deepened. Commercial law system in our country's development and the status quo has become increasingly subject, which is the core of the relevant legislation in economic and trade. More and morn people appeal to improve the construction of commercial law and set up an independent department of commercial law. And the general part which is the foundation of commercial law is crucial to guide and regulate the future construction of commercial law. However, in now time, the gap is quite obvious between our commercial law especially the general part and the sophisticated legal disciplines.As the core concepts of general commercial law, commercial subject is the basic of the whole building of commercial law, what's more, it is the prerequisite for all other system in the commercial law. So it becomes more and more important to research the issues about commercial subject. But, in the research about commercial law today, the issue about the definition of commercial subject has become chaotic. And several basic issues about commercial subject have been much more difficult, which makes the research of commercial law become even more chaotic.In this paper, I will analysis and discuss several issues about commercial subject and the status of commercial law in China, then give some views and suggestions on relevant legislation.The first part: to discuss the main concepts and characteristics of commercial subject. My own definition will be given after discussing the traditional concept and now the main academic point of view. Then will be the assay of the characteristics of commercial subject through comparing it with civil subject.The second part: to discuss the emergence and development of commercial subject. After recalling the traditional development of the main providers and the issue about corporate personality, it is the discussion about the emergence development and status of modern commercial subject.The third part: to discuss a new issue of commercial subject—commercial capacity. In this part, there will be the discussion about the emergence and restrictions of commercial capacity and the situation of it in China.The fourth part: to the strengthen principle of commercial subject, whose main objective is to keep the survival of commercial subject, as one of the most important principles in commercial law.The fifth part: to discuss the status of legislative issues on commercial subject in China, and give some suggestions.