Commercial Trials Particularity Research

This paper tried to do a comprehensive study on the characteristics of the commercial trials, and it does come to a conclusion in the end-to construct a comparatively independent structure for commercial trials. The characteristics of commercial trials show themselves in the following ways-being faster and simpler in the procedural running, calling upon a more neutral attitude on the part of the judge, imposing more severe responsibilities on the party when it is an enterprise or entrepreneur. In a word, the commercial trials do have many differences compared to the traditional civil law trials, and the latter characterizes itself in the trials on a marriage dispute, the trial on the personal injury compensation, the trial on the property rights dispute, etc.. When it comes to how to put in a comparatively independent commercial trials procedure into the existing civil law procedure system, this paper has its conclusion-to add the elements of the commercial trials procedure to the existing system directly, that is, to put the general points of commercial trials into the general provisions of the existing system, and to put the concrete details of commercial trial procedure into the procedure part of the existing system. The paper, of course, is based on many studies, though most literature is not so closely related to the paper, herein comes the innovation of this paper-it is a study in a new prospective in the field of commercial trial research. All the former studies paid too much attention to the notion and judicial thoughts in a commercial case, ignoring or failed to concentrate on the procedure running and the system reconstructing, while, this paper have focused on the latter. The paper comes to its conclusions by means of comparative analysis and analysis on cases.