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Civil And Commercial Discrete: Rational Choice Of The Chinese Commercial Legislation

Posted on:2008-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:N J ChenFull Text:PDF
GTID:2206360215484746Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The scholars of the law science have the disagreement of how to deal with the relation of civil law and commercial law since the Qing dynasty .The proper structure of making law of civil law and commercial law no only has something to do with the relation of making laws of civil law and commercial law , but to has the close connection with the healthy development of the commerce . So to do the research on the schism on the legislation of civil–commercial law and the syncretism on the legislation of civil-commercial law has the great meaning.Today , the most scholars in China support the syncretism on the legislation of civil-commercial law . In their opinion , they admit the basic idea of civil law can be used to guide commercial law and commercial law is the special part of civil law . They oppose to make the commercial code outside civil law . Instead , there are some Chinese scholars support the schism on the legislation of civil-commercial law . They advocate commercial law should be an independent law department and got separated from civil law . In abroad , the situation is the same . But in the practice, the number of adopting the schism on the legislation of civil-commercial law is over the other one .This paper does the research on this issue according to the Chinese national condition , especially to Chinese commercial development , avoiding base on the argument in theory . At first , the paper prove those two modals have their own survival room through analyzing the theory and the practice of the schism on the legislation of civil-commercial law and the syncretism on the legislation of civil-commercial law. How to adopt one of them depends on national condition . Secondly , the paper prove the combination of politics and commerce is the obstacle of the healthy development of Chinese commerce through analyzing the history of Chinese commerce . In addition , according to the research on the history of making law of commercial law , the paper prove lack of the commercial spirit and principles is the shortcoming of Chinese commercial law system . Thirdly , the paper prove the schism on the legislation of civil-commercial law is more useful to solve the problems above than the syncretism on the legislation of civil-commercial law through comparing both of them . Finally , the paper advise to make the general rules of commercial law to guide all separate commercial laws instead of making commercial code as Chinese modal of the schism on the legislation of civil-commercial law.
Keywords/Search Tags:the schism on the legislation of civil-commercial law, the syncretism on the legislation of civil-commercial law, the general rules of commercial law
PDF Full Text Request
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