| As the most important content of private law, right is at the core position. As forthe current legislation of China, the civil rights system has a complete frame and thewide range of coverage, which can protect the right’s subject effectively. In thecontrast, the rules on commercial rights is slightly simple, the rules of right type andthe content are not clear, and the law doesn’t reflect the special nature of commercialrights. Moreover, the research on the systematization of commercial rights is inadequate, which is the mainly treatment on the separate commercial rights as thesubject. The commercial rights is an important means to protect the rights subject,thus its content should be confirmed. And as a special civil right, the differencebetween the two rights should be distinguished when setting the specific provisions,in order to frame the relatively independent commercial rights system.The existing commercial rights are spread in civil law and commercial separatelaw, while the new rights emerged constantly. Therefore, in order to realize the trulysystematization of civil rights and the unification of civil law and commercial law, theresearch on the systematization of commercial rights is in need. The differencebetween the two rights also make space for the systematization of commercial rights.And the commercial property rights in civil law, the commercial property rights in thecommercial separate law and commercial personality rights provide the content basisfor it. Meanwhile, the commercial rights is as a special civil rights instead of entirelyindependent of civil rights. The systematization of commercial rights is served for thesystematization of civil rights. Through analyzing and comparing with the commerciallegislation mode of other counties and regions, connecting the recent situation ofChina and the technical problem in compiling civil code, we could find a suitable pathof legislation design on commercial rights for China. |
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