Research On The Independence Of Commercial Law

The commercial law is becoming a special law apart from the civil law. It is no doubt the reason that the commercial law is suitable for the commercial society, and reflects the specialties of commercial institutions. At the same time there are controversies about the relationship between commercial law and civil law, so much as commercial law and economic law. In the first part the author tells in brief about the theory on the relationship between civil law and commercial law. In addition, the author would like to refer to the dispute about the independence of commercial law.From the second part to the forth part, around the status of special law, the author tries to present the double character of the commercial law, which contains independence and subordination. From separate aspects such as merchant, commercial credit, and commercial legal act, the author considers the commercial law as a legal section which is possessed its own method of adjustment. As a result, though there is no a clear borderline between civil law and commercial law, the author points out that it is necessary to accept the independent status of commercial law, which helps to set up and set forward the enterprise organization, commercial credit and transaction security.In the last part of the text, thanks to the interplay of civil law and commercial law, the author presents a good prospect of the development of private law.