General Principles Of Civil Law And Applicable Relationship Of Company Law

The General Provisions of the Civil Law of the People's Republic of China,adopted by the people's Congress on March 15,2017,came into effect on October 1,2017.It is worth noting that this revision of the general principles of civil law harmonizes the relationship between civil law and commercial law,in particular resolving the conflict between the previous general principles of civil law and the relevant separate laws,and further clarifying the rules in social life.Among them,the legal person system,as an important part of the general principles of civil law,has changed most in this revision.In general,the revised legal person system generally follows the relevant principles of the original Company Law of the People's Republic of China,but it also produces contradictions with it.That When the provisions of the law deviate and differ,there is a dispute whether to comply with the new law or the special law.On the one hand,this paper compares the typical legal articles in the legal person chapter of the general principles of civil law with the relevant provisions of the company law,and uses three methods of literature research,semantic analysis and empirical analysis to prove the relationship between them and their differences.On the other hand,it takes the relevant typical cases as the entry point to analyze how to apply the law accurately when the legal provisions are unclear or even conflict contradictions in judicial practice,to clarify the legal basis and summarize the judgment ideas,so as to put forward its own suggestions for the future development and improvement of civil and commercial law.From several aspects analyzed in this paper See,when the general provisions of civil law appear new provisions and the company law has no provisions,or both provisions at the same time,should choose to apply the provisions of the general provisions of civil law to reflect its "commander-in-chief" status;when the inherent provisions of the company law can no longer meet the current legal needs,the general provisions of civil law as a new law has the absolute advantage of selective application;and when both laws have provisions,the company law as a special law its content is more detailed,then apply the provisions of the company law.In conclusion,the author believes that when a conflict occurs,it should not be based on one of the basic rules applied by law blindly,but should be analyzed and compared with each other.To sum up,it is necessary to improve the civil and commercial law to amend the company law and continue to introduce a new judicial interpretation of the company law.