The Connection And Integration Of Juridical Person Of Making Profit And Commercial Subject

The relationship between civil subject and commercial subject is a problem that have puzzled the scholars of civil law and commercial law in China for a long time.The confirmation of the concept of "profitable legal person" in the General Provisions of Civil Law highlights this problem.What kind of relationship exists between the civil subject and the commercial subject?Whether the "profit-making legal person" as the civil subject has theoretical consistency with the commercial subject,and whether the commercial subject can be determined by referrng to the standard of "profitable legal person" are the problems we need to discuss at present.This paper consists of three parts:introduction,main body and conclusion.The introduction part is the starting point of this paper.It clarifies the background of the compilation of the civil code,combs the existing theoretical achievements related to commercial subjects in China,and clarifies the problems to be solved in this paper,including the relationship between civil law and commercial law,the relationship between profit-making legal person and commercial subjects,the choice of commercial legislation mode,the construction of commercial law and commercial subject system.The main body is divided into four chapters.The first chapter of the text is about the theoretical basis and extraterritorial investigation of the profit-making legal person,mainly from the theoretical basis of the legal person to explore the legitimate basis for the existence of the profit-making legal person.The second chapter is the jurisprudence analysis of the commercial subj ect system.On the one hand,it analyses the legitimacy and necessity of the existence of the commercial subject system,and determines the"profitability"of defining the commercial subject.On the other hand,it also analyses the relationship between the commercial subj ect and the civil subj ect.This paper holds that there are differences and connections between the civil subject and the commercial subject,which can neither be completely mixed nor completely cut off.At the same time,we can not only generalize the relationship between civil subj ect and commercial subj ect,which is general and special.The third chapter is the analysis of the relationship between the profit-making legal person and the commercial subject system in our country.This paper holds that the profit-making legal person is the bridge between the commercial subject and the civil subject system.The "profit-making" characteristic of the profit-making legal person is also the cornerstone of the commercial subject.The profit-making legal person and the commercial subject should promote and influence each other.Chapter IV is the choice of legislative mode of commercial law and commercial subject in our country.This part combs the legislative mode of commercial law in mainstream foreign countries and makes further reflection on it.On this basis,this paper also proposes that China should establish a commercial legislation model combining General Principles of Commerce and Commercial Special Law.The fifth chapter is the legislative proposals of the commercial subject system in the context of profitable legal person.This paper holds that the establishment of commercial subjects should aim at promoting the formation of a good business environment,promoting transactions,encouraging entrepreneurship and innovation,and respecting the basic concepts of business freedom.This paper conceives the scope,types and other specific rules of the commercial subject,analyses the confirmation of the status of the commercial subject such as state-owned enterprises,SPV,mobile vendors,e-commerce operators,and discusses the construction of the commercial registration exemption matching the commercial subject system.The concluding part is the conclusion of this paper.It summarizes the function of the existence of profit-making legal person,the inherent style of commercial legislation in China,the basis of the independence of commercial subj ect,and the specific rules of commercial subject legislation and the basic ideas of supporting measures.It also tells us that academic research should break away from the traditional fixed thinking,take obj ective facts as the basis,and on the basis of following the basic concepts of business,try to put forward obj ective and fair legislative proposals for our commercial legislation.