On Construction Of The Systems For China’s Business Transference

Business transfer system is an important system in the commercial sphere.In the currenttrading activity,there are more and more physical form of the business transfer.Whether thereis regardless to legislate the stipulation, business transfer is the objective existence economicmeans and the phenomenon. Business Law in China started relatively late, a lot ofcommercial activities in the law is not completely reflected, while supposed to be compatiblewith economic development business transfer rules are more backward. Therefore, theprovisions on transfer of business is fragmented, disjointed, fragmented, leading businesstransfer activities there are still many non-standard, unreasonable or unlawful factors, thedispute after another, to hinder the harmonious development of China’s commercial activitiesfocus problem.China’s legislative business transfer system provides a blank, and the lack of theoreticalresearch,many foreign countries and regions, business transfer is not only a wealth ofpractical and theoretical, but also has a mature legislation.For example, the "GermanCommercial Code","the Japanese Commercial Code", and the "United States CommercialCode" has special provisions for the business transfer system provides the basic theoreticalreference for our business transfer legislation.Business for sale in practice will inevitably lead to conflicts of interest, China must builda business transfer of the legal system to resolve such conflicts, the most fundamental significance is the continued operation of the business principles embody and carry, so thatacontinue to develop in a market economy, whether it is commercial transactions or thecontinued development of the socio-economic, are very useful.Therefore, the goal is toexplain and build the business transfer system, on the basis of the legal system of othercountries and regions of analysis and research business for sale, compare and learn from thevaluable legislative, judicial and theoretical research, combined with our commercial matterscharacteristics of the activities, build a business transfer system in line with China’s nationalconditions.Specific research ideas in this paper has taken a first basis, after the system path, that isfirst to study the basic theory of the business transfer, analysis of the business transferapplication in practice, to fully understand the need for the business transfer systemestablished, and then commence the construction of the business transfer. This paper arguesthat to build our specific business transfer system, the first should be based on nationalconditions, and then draw on the legislative achievements abroad, the results of theoreticalstudies as well as judicial practice results, combined with the characteristics of the modecharacteristics of China’s civil and commercial legislation and the provider of the business forsale Special Event on the content of the business transfer system arrangements comply withChina’s economic development and design.