Font Size: a A A

The Commercial Trial System In Country

Posted on:2015-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhanFull Text:PDF
GTID:2266330428455989Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the process of business transactions, business subjects communicate witheach other for their interests, the existence of the business transactions will inevitablylead to disputes. Therefore in the process of the rapid development of marketeconomy, the commercial trial system which want to solve the trading disputes isindispensable.The commercial trial system is formed with the development of thecommodity trading, and the business subjects want to be able to better solve thetrading disputes in long-term commercial judicial practice as a trial system.Because itis a shot time that the development of our country socialist market economy, thecommercial trial system in our country is not perfect.But in the fact of theimplementation of "Great civil" pattern trial in practice circle of our country,practitioners ignored the difference of the commercial and civil trial system in trialideas and thinking, so they can’t make a unified national applicable commercial trialsystem, therefore our country’s commercial trial system has many short comes in thereal establishment of legal norms, the establishment of the trial procedure as well asthe application of the judicial practice.The generation of large numbers of newcommercial cases puts forward higher requirements on commercial trial, but the lackof commercial trial mode and judge rules has constantly weaken the guidancefunction of commercial trial for our country economic exchange, which also inhibitedthe pace of the economic development of China to some extent.So if we want torebuild a commercial trial system in our country, we must clarify the currentcommercial trial system, after sorting out the current status and defects of commercialtrial, and analyzing the characteristics of commercial trial, we can make clear whyshould make special commercial trial system to solve commercial cases. And thecomparison analysis of commercial trial system at home and abroad offers referencesfor the construction of Chinese commercial trial model which is suitable to ourcurrent judicial system.Therefore I combines with the discussion of commercial trialsystem of the domestic and foreign scholars, and develops a suitable commercial trial system for our country, in order to meet the business subject autonomy and theefficiency of business transactions.That is Chinese commercial trial system which isinstructed by the idea and thinking of commercial trial, on the basis of commercialtrial mode and commercial habits. Thus commercial trial and civil trial can truly existtogether, the commercial trial can better serve the development of market economy inour country, this is the ultimate goal of establishing commercial trial with ourcharacteristics.
Keywords/Search Tags:Commercial Trial System, Commercial Trial Model, Commercial Litigation, Commercial Trial Rules
PDF Full Text Request
Related items