Study On The Mode Of Future Commercial Legislation In China

There are great bitter controversies and differences about how to dispose the relationship between Civil law and Commercial law and what kind of Commercial law pattern.A reasonable mode of Civil and Commercial legislative mode can help both develop the relationship of Civil legislation and Commercial legislation and construct the system of Chinese private law institution n.Accordingly,it is of great significance to study the separation of Civil law and Commercial Law and the Unification of Civil Law and Commercial Law.Making a comprehensive survey of the counties of the continental legal system.No matter what kinds of legislative modes they adopt there are lots of disadvantages in their Civil Law and Commercial Law.As a result,China has no suited references to construct the Commercial regulations in the countries of the continental legal system.The only thing we can do is combining modern Commercial legislative mode and the actual conditions in our country so that we could find a suitable pattern of improving Chinese Commercial Law.This paper provides powerful evidences which development mode of Commercial Law we need in the future. It is different from the classified standard of formalism,this paper states the facts that how does the world develop the Commercial Law and how does China construct our Commercial law,then it tells the classified of the Civil Law and the Commercial Law,the significance of the two laws,and their own disadvantages.The author is fully aware of the problem that Commercial Laws in the world at present cannot meet our country demands for reference.The policy " Proagricultural and Anticommerce " in Chinese ancient times is a leading cause that Chinese Commercial Law make slow progress and Chinese merchants walk with difficulty.Besides, the author finds out the reasons why Chinese Commercial Laws developed so slowly after analyzing those problems of our Commercial Law at present stage.At length,the writer illuminates the adoption of general rules of Commercial Law leading special Commercial Law accords with the separation of the Civil Law and Commercial Law accords with the Separation of the Civil Law and Commercial Law at present in China. Though the comparison and proof of domestic Commercial Law development mode raised by Chinese Academic theory.