Font Size: a A A

The Centralization Phenomenon Of Commercial Law Research

Posted on:2015-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:B C TangFull Text:PDF
GTID:2266330428972540Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The centralization phenomenon of commercial law in all its areas is fully reflected. In stark contrast, however, the academic circle do little research deep into this issue. In fact the situation is that the civil law, available as theoretical reference for commercial law, pays more attention to the protection of individual rights, with far less focus on the protection of the centralized rights alienated. And right after centralization is not equivalent in both nature and significance to that of each individual, with a relatively large change in its nature and effects. More importantly, the centralization of commercial law is still an inevitable way to improve the efficiency of property, and also an inevitable rational choice, one that comply with certain rules on philosophy, to seek the maximized interests among the main providers.The centralization phenomenon lays throughout all aspects of commercial law, parallel to and having mutual influence on each other with decentralization, forming a continuous and endless cycles from centralization to decentralization,and then decentralization to centralization,back and forth. Under normal circumstances, centralization can start with the bank, which marks the initial point of right’s centralization, and the number of whose customers as objects is the most massive. The scale as well as the operating characteristics of the bank are deeply influenced by the centralized and authoritarian rule generated according to the change in forming the centralization. However, these changes themselves in terms of social and economic development are not enough, private lending is also needed as a supplement,adding to the bank’s centralized capacity. In contrast, the centralization applicated in the Act is more widely used, and is more obvious in effects. Although different countries have made varying degrees of restrictions on corporate establishment, to maximize the benefit, they do make an appropriate choice by the development of the company ’s centralization. As a result,more and more large companies emerge, for which increasing social responsibility and requirements are consequently needed. Insurance system itself is relying on the basic rules to ensure the safety of centralized operation, relying on centralization to share the risk.The reason why so many phenomena of centralization appear, is that centralization has a lot of positive results, and can provide the maximum efficiency in the use of property. But at the same time there are a lot of negative effects of centralization,which should be under supervisory procedural control, through decentralization or other ways, so as not to lose control.
Keywords/Search Tags:commercial law, centralization, Procedural, Controlled Decentralized
PDF Full Text Request
Related items