Analysis Of The U.s. Uniform Commercial Code, The Nature Of The Realism

From its adoption until now, the UCC always adapts itself very well to the changes of US business by constant amendments, plays a critical role in US commercial affaires and push the development of commercial rules to a certain extent. Meanwhile, our country is in a stage of business booming but have so much commercial legislative weakness. That makes the research on the UCC very meaningful. By making a synthetical and comparative discussion on the first version and the new changes in big amendments of the UCC, this paper intends to present the UCC in development, analyses its underlying background and search its referencing meaning to our commercial legislation.This paper has 4 chapters. Chapter 1 is an overall introduction to the UCC. The author makes a presentation of its background (namely, unification of state laws), realistic consideration of codification and controversy at its adoption. This chapter can help readers have a general understanding of the UCC.Chapter 2 introduces the feature that its first adoption is under the influence of Legal Realism. The author generates its legislative features at its first adoption by making literal analysis:focus on facts, more flexible rules, open use, purpose-oriented interpretation. This purpose of this chapter is to reveal its first structure mode.Chapter 3 illustrates the new changes to the UCC under the changing social background. By analyzing major articles, the author presents 4 features:the recovery of formalism, preferential rules and exclusive application, reduction of purpose-oriented interpretation, redirection of remedy. This chapter lays emphasis on the major features expressed by the code in responding the social development. This can help us have a more accurate understanding of present UCC.Chapter 4 is a detailed analysis on the new changes and features and a suggestion to our commercial legislation based on that. The referencing meaning that this chapter points out is the realistic purpose of this paper.