How to interpret commercial law and what kind of law does commercial law belong to

Legal analysis: Commercial law is a general term for the legal norms that regulate the commercial relations between equal subjects, mainly including company law, insurance law, partnership law, maritime law, negotiable instrument law, etc. There is no formal commercial law in China, but there is a substantive commercial law, which is mainly manifested in a large number of Lu Sheng commercial laws, company law, ** law, bill law, insurance law and so on.

Legal basis: Insurance Law of the People's Republic of China Article 182 The relevant provisions of the Maritime Law of the People's Republic of China shall apply to marine insurance; Where the "Maritime Law of the People's Republic of China" does not provide for it, the relevant provisions of this Law shall apply.

Commercial law is a general term for the legal norms that regulate commercial relations between equal subjects.

Commercial law is a sectoral law that sits alongside and complements civil law. Commercial law has the characteristics of profit-making and large-scale adjustment behavior, and also has the principle of strict statutory provisions of commercial entities. It mainly includes the Company Law, the Insurance Law, the Partnership Enterprise Law, the Kelp Business Law, the Bankruptcy Law, the Negotiable Instruments Law, etc.

The concept of commercial law.

1. Subject to adjustment of commercial law.

Commercial law refers to the general term for the legal relations formed by the subjects of commercial transactions in their commercial acts, that is, the legal norms of commercial relations. The object of adjustment of commercial law is commercial relations.

2 Commercial Relations.

It refers to the social relations formed through market business activities in a certain society, mainly including commercial organization relations and commercial transaction relations.

The combination of organic law and behavioral law is commercial law).

3 The main signs of commercial relations are merchants and commercial conduct.

A businessman is a person who carries out business activities in his own name and makes it a regular business.

1) Sole proprietorship and sole proprietorship;

2) Partnership enterprise: Opposite to a sole proprietorship company, two or more natural persons jointly contribute to the operation, share profits and losses, and share risks through the conclusion of a partnership agreement.

Law and business is the embodiment of citizens' cognition, experience, practice and even belief in laws and other social norms by citizens with different innate endowments, and is the organic unity of inner recognition and external behavior of the role of laws and other social norms.

To put it simply, law and business is the sum of legal literacy such as legal awareness, legal knowledge, and law-abiding habits. The construction of a society under the rule of law is inseparable from every ordinary citizen"Law and business"of nurturing.

The concept of law and business should not be premised on the cognition of the law, but should emphasize the degree of people's legal cognition and belief in the law. If a person has a low level of knowledge of the law and lacks respect for the law, or if he lacks emotional trust and recognition of the law despite having a certain understanding of the law, we can say that the person has a low legal quotient.

Law and business is the common product of the development of psychology, sociology and law and other disciplines, and has its own independent representational value, which is the inner experience of citizens on legal knowledge and legal concepts, as well as the abstraction of the ability and consciousness to practice law in life and work, and is a comprehensive evaluation index of citizens' legal literacy. The improvement of citizens' law and business is conducive to the formation of an atmosphere in which all citizens consciously learn the law and abide by the law, and is the foundation of the rule of law for consolidating social harmony.

With the increase of production capacity, human beings have a social division of labor, and produce surpluses, so that there is an exchange between different goods, which is the earliest form of commerce.

Before the exchange, the two parties must reach an agreement orally or in writing, that is, decide on the properties of the exchange object, as well as the value of the property, and then transfer the attributes of the exchange object of the two parties according to the agreement.

So the exchange process is divided into two stages::

1. Exchange agreement stage.

It means that before the exchange can take place, the parties must agree orally or in writing to decide on the attributes of the object to be exchanged, as well as the value of that property.

2. Object attribute transfer stage.

According to the agreement, the attributes of the exchange object of the two parties are transferred.

The act of transferring must be done in the order of the phases in order to be called an exchange.

An agreement reached orally or in writing is the law, the act of transferring the attributes of the object of exchange is the business, and the complete exchange process is the law business. Law is the beginning of business, and business is the completion of law. Law is the idea of business, and business is the work of law.

Take the law as the business, and the law determines the business. Law and business are two sides of a kung fu, there is business in law, and there is law in business, and the two cannot be separated, and there is no sequence, so law and business are one.

With the increase in the number and type of commodity exchange, the barter has gradually highlighted its limitations, and at the same time, different people have different needs, and it is difficult to meet the needs of everyone with direct exchange of goods. The popularization of money has made the exchange between commodities smoother, and directly solved the problems of bartering in time and space.

With the increasing frequency of barter, the area of exchange continues to expand, the difficulty of exchange increases, and at the same time, in order to make commodity producers concentrate on production activities, some people break away from the role of producers and specialize in the exchange of goods, which is the early "merchants", the goods used for exchange are called "commodities", and this industry is also correspondingly called "commerce".

Exchange is an important link in social reproduction, and it is in an intermediary position between production and consumption. Commerce, is specialized in the exchange of goods. The intermediary position of exchange in social reproduction shows that commerce is the intermediary of social reproduction.

This intermediary status of commerce organically links the four links of production, distribution, exchange, and consumption of social reproduction, and has played a positive role.

Exchange is buying and selling, buying and selling is business, business is law business, and law business is wisdom. In the business field, no matter how big or small the business is, what is sold is wisdom.

All people's desires can only be exchanged for one "currency", and that is wisdom. Wisdom can make true goodness possible and make your dreams come true!

The wisdom of law and business cannot be cultivated in school, but can only be cultivated in society. The wisdom of law and business is the accumulation of experience and judgment.

Any entrepreneur and businessman is a person with legal and business wisdom. Law and business have nothing to do with academic qualifications, and having academic qualifications and culture may not necessarily have legal and business wisdom.

The businessman's way of thinking is a special way of thinking, which requires innovation, organization, activity, risk-taking, action, personality, vision, future-thinking, budget-making, and learning.

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There is no way to not quotient, no merchant cannot be; There is no corner of law and business, and there is a way to do it.

1. Integration of law and business.

Exchange refers to the process of business behavior in which people exchange activities or labor products with each other. In the process of exchange, the method of voluntary exchange between the two parties will be produced, and at the moment of exchange, both law and business will be produced. Therefore, law and business are united, law is the beginning of business, and business is the completion of law.

Law is the idea of business, and business is the work of law. There is business in the law, and there is law in the business. Take the law as the business, and the law determines the business.

Law and business are two sides of the same kung fu, there is business in law, and there is law in business, and the two cannot be separated, and there is no order. The law that is separated from business is not the true law, but a delusion; The business that is separated from the law is not a businessman, but a businessman.

2. Law and business is wisdom.

Law is the way, and business is the art. The Tao is the truth, the method of governing the country and the people, the method of self-cultivation, the law and the criterion. "Tao" is a person's basic values, a basic understanding of a thing, and guides oneself to take appropriate actions.

The so-called "technique" is the high-level strategy and strategy, and the low-level is the specific way of skill or action, fighting wits and ruthlessness.

Tao refers to the law of the operation of all things, which exists objectively; Technology refers to the means and ways to achieve the development of affairs. The basic operating principle of "easy to recognize the technique, to enter the Tao with the technique" is that in fact, the goal of the action at the beginning has already determined the final result.

In terms of business, business is business and business, and business is the art and means of doing business; Business is humane, business is to be a person, in the process of doing business, we must pay attention to ethics and morality. The business Tao here does not refer to the highest level, it can be seen as adding a unique charm to some business techniques, the Tao can be Tao, the Tao is not the Tao, and there is a feeling of "sustainable development", which is the wisdom of law and business, which not only pays attention to external skills but also pays attention to internal cultivation and enlightenment. Without wisdom, there is no legal business, and legal business is wisdom.

Wisdom is to elevate linear thinking to three-dimensional thinking and increase capacity. Understanding law and business as law is linear thinking, and understanding law and business as wisdom is three-dimensional thinking.

3. Buddhism is boundless, and law and business are shores.

Everyone has the wisdom of Dharma and business, just like everyone has the essence of Buddha-nature, that is, the mind is the Buddha, the heart is the Buddha, and the Buddha is the mind; There is no Buddha outside the heart, and there is no heart outside the Buddha. The Dharma exists because of the heart, and it is different when it encounters fate, so when the mind encounters various external conditions, there are ten thousand laws. Dharma quotient is the energy Buddha, everyone can cultivate into a Buddha, self-improvement and altruism.

The law is the Tao, the Tao is natural, and virtue shows the Tao, because everything is not a thing, it is the same, and it follows something in a unified way, without exception. It is the foundation of change, immortal, formless, formless, formless, all-encompassing, its big and outside, its small and inward, and it changes and remains unchanged for eternity. It has no name at the beginning, so the ancients were strong and said:

Road. The Word is carrying everything; Virtue is all that is revealed. The avenue is wordless, invisible, invisible, inaudible, intangible, and can only be known and perceived through our thinking and consciousness; Virtue is the concrete example of the Tao, the embodiment of the Tao, the mind that we can see, and the behavior that we carry out through perception.