Research On The Protection Of The Rights And Interests Of Small Traders

Small Traders generally exist in various countries in the world,our country is no exception.How to protect the rights and interests of Small Traders is a problem that must be solved in the process of social development.In this context,this paper studies the protection of the rights and interests of Small Traders from the perspective of commercial law by consulting literature,empirical investigation,comparative reference and other methods,in order to provide legislative recommendations and management ideas for the protection of the rights and interests of Small Traders.In addition to the preface and conclusion,this paper is mainly divided into four parts:Chapter 1 aims to reviews the definition of Small Traders in the academic world and abroad.Most foreign countries identify Small Traders as Small Merchant,which is consistent with the definition in the academic world of our country in terms of essential characteristics.Small Traders in various countries have the characteristics of smaller scale and stronger mobility and there are differences in whether Small Traders need to be registered at home and abroad.On this basis,this chapter defines the concept of Small Traders,and provides a theoretical premise for the discussion of the protection of Small Traders.Chapter 2 discusses the necessity of protecting the rights and interests of Small Traders.This chapter analyzes the great significance of protecting the rights and interests of Small Traders from three aspects:the realistic needs,the problems of Legal Regulation and the jurisprudence analysis of the protection of the rights and interests of Small Traders.On the basis of empirical investigation,this part confirms the objective existence of Small Traders and their indispensability for urban residents.At the same time,it is pointed out that the legal principle of commercial subj ect and the relevant legal system in.our country obj ectively hinder the identification of the legal status of Small Traders,which leads to a series of problems.Finally,this paper holds that the right to survival and business of Small Traders are natural and inalienable.The commercial registration system of our country has a strong color of public power and fails to play a correct role.Chapter 3 examines the views of the academic world in our country on t:he protection of the rights and interests of Small Traders and the management system of Small Traders at home and abroad.This paper advocates that the Small Traders should be included in the Commercial Subject System,and the Small traders should be humanized for management which is planned scientifically.Chapter 4 puts forward legislative and management suggestions for the protection of the rights and interests of Small Traders.It is believed that the protection of Small Traders should be carried out in stages according to the reality of our country.Firstly,we should establish a“Small Merchant"system and constantly improve the relevant legal system.Secondly,we could build the"Unnamed Commercial Subject"system to solve the problem fundamentally.Finally,improve the management system,and introduce multi-party management organizations.