The Legal Control Of Commercial Behavior In The Modern Commercial Law

With the development of modern commercial law and commercial subject, morerequirements of legal control of commercial behavior being put forward. For example, with thedevelopment of Chinese commercial law, lacking of modern commercial law, new commercialbehavior and merchants changing to enterprises urgently need the master of commercial law.Commercial law’s control to the commercial behavior is facing the test of reality, which requiresthe attention of commercial law to the business behaviors system arrangement. In this paper,through the research on modern law legal control of commercial behavior is helpful to enrich thebasic theory of commercial law. As there is little research on the general theory study of thebusiness behavior, this paper attempts to start from the perspective of modern commercial law,interpretation of the basic attitude, business behavior control dimension and content, hope in thefuture may contribute to the establish ion of the "general principles of commercial law" ofcommercial behavior institution.The first part of this paper discusses the influence of enterprise becoming the maincommercial subject to the development of modern commercial law. Enterprises becoming the maincommercial subject overcome the defects of merchant as the main commercial subject theory inthe traditional commercial law, consolidate the independent law position of commercial law, affectthe concrete provisions of civil and commercial law.The second part of this paper discusses the basic standpoint of modern commercial businessbehavior legal control. Mainly from the traditional commercial law in the defects of commercialbehavior control and modern commercial law should play in the role of controlling the businessbehavior two aspects. This paper summarizes the traditional commercial law in the content oflegislation defects, regulations system defects, the defect of the control method. The moderncommercial law of commercial behavior of third-party content mining law control, pay attention tothe right and obligation arrangements and to control the process of business process, the firm forthe implementation effect of adopted a strict responsibility system.The third part of this paper discusses from the control of the content, the modern commerciallaw is a legal control of commercial behavior combined with a prior distribution of rights,procedure control in the middle and the strict liability system control system afterwards.The fourth part of this paper discusses from the control dimension, the degree of control in thecommercial law should be distinguished from economic law, tell the difference from the control inthe modern commercial law to the regulation in the economic law, revealing the commerciallaw’s private law nature. Based on the existing research on the differences between the economiclaw and commercial law, focus on the modern commercial law in private law nature forms, actionmechanism and the value target. The fifth part of this paper is legislation proposals to the commercial behavior system in the"general rules of commercial law".Discuss the necessary of legislative Business behavior in"general rules of commercial law" through the perspective of the commercial behavior ‘s specialprovisions,theory and legislation in the commercial law. Make the legislation of commercialbehavior control in the commercial law in the legislation system: The legislation system, reflect thebusiness behavior of a model; In the standard content, special specification highlights ofcommercial law; In the form of law, combine the general business behavior and specific businessbehavior.