On Legal Regulation Of Commercial Credit

Currently, many affairs related to commercial credit, typical as the affair of moon cakes with stale stuffings occurred in Nanjing Guanshengyuan corporation, the affair of refusing to performance the duty of revealing occurred in Huafang Co.Ltd, and the affair of speculating getting out of line in the stock market and mendacious profits increasing occurred in Zhangjiajie, has been frequently reported by sorts of medias. There also has been a remarkable signal, based on court practices at different levels, that the credit deletion has been a very serious social problem with the amount of this kind of cases contentiously ascending.The preface of the article summarizes the circumstance and significance of the issue noted above, and points out that the affairs of merchants'malignant breaking faith typical as the moon cakes affair in Nanjing Guanshengyuan corporation should not to be neglected nowadays, puts forward the main approach of the issue and advocates an angle of system theory as a efficient analysis tool to probe the issue of commercial credit.Started with the outline of commercial credit, the first part of this article points out that commercial credit and its jurisprudence connotative should be illuminated with a view to its characteristics such as property, anaclisis, variance and exclusiveness, and so on, and considers that commercial credit should be a fundamental principle and a core provision in commercial law, at the same time, the importance of the construction of commercial credit to the current development of market economy in our country is also noted in this part.The second part of this article details the trend of development of commercial credit and its law regulation, and points out that commercial credit should be modeled as law credit and a kind of materialized credit, and advocates its institutionalization and objectifition with its gradual development. Meanwhile, the author is in a opinion that the awareness of the feature of commercial credit from credit to the right to credit can be a start point and a basis of the research of commercial credit while the past study has poured in excessive concern on both the maintain of the counterparts'interests of reliance and its significance, and at the same time, the equal vitality of commercial credit for merchants has been ignored more or less.The third part, one of the core contents of this article, reveals the connotation and its significance of the construction of commercial credit, and points out that the significance of commercial credit is reducing the costs of transactions to facilitate the business, and the core of credit system is the regulation of credit activities of transactors, and a system arrangement for the credit relationship during the course of transaction. Finally, the author holds that the fundamental framework of law regulation can gain a fairly efficient construction in the field of economic constitution.The epilogue of this article is the synthesization of the full text which mainly consists of the summarization of guiding macroscopy logos of the study and some suggestions in respect to the law regulation of commercial credit, such as perfecting the commercial register system, the personal bankrupt system and establishing and perfecting the evaluation system of commercial credit, and so on, in order that there is some advantage for current law regulation of commercial credit in our country.