On The Legal Fiction In The Law Of Civil And Commercial Entity In China

Legal fiction originated in ancient Rome period, and became one booster to the development of Civil and Commercial Law during two thousand years of the legal development history. The legal fiction on the level of legislation is that legislators based on specific values or policy considerations, and in accordance with the actual needs, or may be, though knowing the difference between two things, giving them the same legal effect as a non-rebuttable presumption. In this paper, I try to discuss the application of legal fiction of Chinese civil and commercial substantive law, its value of existence and shortcomings by analyzing Chinese present civil and commercial substantive law. My paper is divided into the following four parts (not including the introduction and conclusion):The introduction:firstly introduces the domestic and foreign research present situation to clear the basis of my study; secondly, explains the reasons and value of this paper; thirdly, introduction to the research methods of this paper; Finally, Points out the difficulties and innovation in my study.The first chapter:the concept definition of legal fiction. By analyzing its connotation, main characteristics and the difference with other related concepts, try to clarify "legal fiction", this ancient concept of law, as the theoretical basis for further research on it.The second chapter:the application of legal fiction in Chinese civil and commercial substantive law. In the form of table analysis of related terms of civil and commercial substantive law in our country are analyzed in typing, tries to comprehensively and visually show the application status of legal fiction in Chinese civil and commercial substantive law, and to preliminarily analyze its function.The third chapter:the value of legal fiction in Chinese civil and commercial substantive law. On the basis of the second chapter, further tap the value of legal fiction in Chinese civil and commercial substantive law to point out its unique functions.The fourth chapter:deficiency of fiction terms of Chinese civil and commercial substantive law and its improvement. The first three chapters of the theoretical analysis on legal fiction are settled in the specific fiction terms in Chinese civil and commercial substantive law. By using examples and comparative analysis shows that fiction terms in our current civil and commercial substantive law is insufficient and its words expression is not standardized. To correct these shortcomings, we must take some targeted measures.