The status and role of commercial law in modern society

The status and role of commercial law in modern society is a legal norm that regulates the commercial relationship between equal subjects. Commercial law is a sectoral law that sits alongside and complements civil law. Commercial law has the profit-making characteristics of adjusting behavior, and also has the principle of strict statutory provisions for commercial entities.

The relevant laws mainly include Company Law, Insurance Law, Partnership Law, Maritime Law, Bankruptcy Law, Negotiable Instruments Law, etc.

Legal analysisCommercial 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. It is the social relationship formed through market business activities in a certain society, mainly including commercial organization relationship and commercial transaction relationship.

A businessman is a person who carries out business activities in his own name and takes it as his regular business, and businessman mainly includes (1) individual industrial and commercial households and sole proprietorship enterprises; (2) Partnership: Opposite to a sole proprietorship company, two or more natural persons enter into a partnership agreement and jointly contribute to the operation, share profits and losses, and share risks. (3) companies and other forms of corporate legal persons; (4) Joint ventures:

An associated enterprise refers to an economic organization formed by two or more enterprise legal persons or public institution legal persons of the same or different ownership nature in accordance with the principles of voluntariness, equality and mutual benefit. (5) Foreign-invested enterprises: enterprises established in China in accordance with the laws of the People's Republic of China, jointly invested by Chinese investors and foreign investors, or invested only by foreign investors.

Commercial acts, generally considered by civil law scholars, refer to various commercial expressions engaged in for the purpose of for-profit business. There are three main regulatory principles: (1) the principle of subjectivism.

The legislative concept of the principle of subjectivism is based on the concept of businessman, on the basis of which the specific form of business behavior is deduced, and the scope of business behavior is revealed by way of enumeration. The main countries in the civil law system that adopt the principle of subjectivist legislation are Italy, Germany, Switzerland and other countries. (2) The principle of objectivism.

The legislative concept of the principle of objectivism is to determine commercial behavior based on the objectivity of behavior. (3) The principle of eclecticism. The legislative concept of the principle of eclecticism is based on the principle of subjectivism and objectivism, and the determination of whether it is a commercial act based on the objectivity of the behavior and the business method of the businessman.

Legal basisCompany Law of the People's Republic of China Article 6 To establish a company, an application for establishment and registration shall be made to the company registration authority in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority; If it does not meet the establishment conditions stipulated in this Law, it shall not be registered as a limited liability company or a share****. Where laws and administrative regulations stipulate that the establishment of a company must be submitted for approval, the approval formalities shall be completed in accordance with the law before the company is registered.

The public may apply to the company registration authority for inquiries into the company's registration matters, and the company registration authority shall provide inquiry services.

The relationship between commercial law and civil law is as follows:

1. Connection: 1. Civil law and commercial law are both laws that regulate civil and commercial acts within the scope of private law;

2. The subject system of the civil law is a general provision on the qualifications of the subject of commodity economic activities. The legal status of any individual and economic organization is ultimately completed by the subject system of civil law. The subject system of commercial law is a special system design for special types of civil subjects;

3. The property right system in the commercial law is premised on the property right system of the civil law, and the creditor's rights system in the commercial law, as a special provision for market transaction activities, must also be based on the civil law creditor's rights system. For example, the creation, transfer, guarantee and payment of bill rights in the bill system are the embodiment of the creditor's rights system, and the insurance contract is a typical form contract in civil law.

2. Differences: 1. The civil law is concerned with the equality of status and the balance of interests between civil subjects, and fairness is its primary feature. Commercial law focuses on the value-added pursuit of commercial entities, and the protection of profits is its primary feature.

2. In terms of nature, civil law is purely private law, and commercial law also has the attributes of public law;

3. In terms of the application and effectiveness of the law, the commercial law shall take precedence.

3. Characteristics and principles:

1) Characteristics of commercial law.

1. The profit-making nature of the adjustment behavior of the commercial law;

2. The specificity of the object of adjustment under the commercial law;

3. Strong technical and volatile commercial law norms;

4. The public law nature of commercial law;

5. The internationality of commercial law.

2) Basic principles of civil law.

1. The principle of equality;

2. The principle of voluntariness;

3. The principle of fairness;

4. The principle of good faith;

5. The principle of public order and good customs;

6. The principle of prohibiting the abuse of rights, 7. The green principle.

Legal basis

Civil Code of the People's Republic of China

Article 1: This Law is drafted on the basis of the Constitution so as to protect the lawful rights and interests of civil entities, to adjust civil relations, to preserve social and economic order, to meet the requirements of the development of socialism with Chinese characteristics, and to carry forward the Core Socialist Values.

Article 2: The Civil Law regulates the personal and property relations between natural persons, legal persons, and unincorporated organizations that are equal subjects.

Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.

Commercial law refers to the legal system and rules that regulate business behavior and maintain business order. Business activities occupy an important position in modern economic life, the role and significance of commercial law: 1

Regulate business conduct. The Commercial Law clearly stipulates the conduct of commercial entities, ensuring the quality of goods and services, honest management, fair competition, etc. 2.

Maintain business order. The Commercial Law stipulates the rights and obligations between commercial entities, maintains the reasonable order of commercial activities, reduces commercial disputes and unfair competition, and is conducive to the healthy and stable development of commercial economy or Wuji. 3.

Protecting the rights and interests of consumers. The Commercial Law clearly stipulates the rights and protection measures of consumers, improves the degree of protection of consumers' rights and interests, encourages consumption, and promotes the healthy development of the consumer market. 4.

Promote business development. The establishment of a unified commercial legal system and rules has stimulated the innovative vitality of commercial entities, encouraged commercial investment and entrepreneurship, and promoted the rapid development of commercial economy. <>

Legal Analysis: (1) Compatibility (Compound): 1Compatibility of private law and public law, 2Compatibility of arbitrary law with jus cogens, 3Compatibility of organic and behavioral laws.

2) The for-profit nature of the adjustment object: The for-profit characteristics of some important systems and the establishment of important rules in the commercial law must be considered. Minimize transaction costs and institutional costs.

3) The norms of commercial law are highly technical.

4) The international nature of commercial law: 1. Commercial behavior itself is a cross-border activity; 2. Commercial law is international at the beginning of its existence; 3. The technicality of commercial law 4. The emergence of a large number of international treaties and international commercial organizations.

Legal basis: Company Law of the People's Republic of China Article 1 This Law is formulated in order to regulate the organization and behavior of the company, protect the legitimate rights and interests of the company, shareholders and creditors, maintain social and economic order, and promote the development of the socialist market economy.

Partnership Enterprise Law of the People's Republic of China Article 1 This Law is enacted in order to regulate the conduct of partnership enterprises, protect the legitimate rights and interests of partnership enterprises, their partners and creditors, maintain social and economic order, and promote the development of the socialist market economy.

Article 1 of the Law of the People's Republic of China on Sole Proprietorship Enterprises This Law is enacted in accordance with the Constitution in order to regulate the conduct of sole proprietorship enterprises, protect the legitimate rights and interests of investors and creditors of sole proprietorship enterprises, protect the social and economic order, and promote the development of the socialist market economy.

1. Different legislative value orientations;

2. The main body of adjustment is different;

3. The adjustment object is different;

4. The scope of the subject is different;

5. The legal liability system is different;

6. The specific provisions are different;

7. The economic basis is different. Civil law is a legal provision for some issues in civil activities, while commercial law mainly emphasizes the legal provisions for some for-profit acts. Civil law and commercial law both belong to the category of private law, and are laws that regulate civil and commercial behavior.

Civil Code of the People's Republic of China

Article 134.

A civil juristic act may be established on the basis of the unanimous expression of intent of two or more parties, or it may be established on the basis of a unilateral expression of intent.

Where legal persons or unincorporated organizations make resolutions in accordance with the methods of deliberation and voting procedures provided for in laws or charters, the resolution is established. Article 136.

Civil juristic acts take effect when they are established, except as otherwise provided by law or otherwise agreed upon by the parties.

The perpetrator must not modify or dissolve the civil juristic act without the consent of the other party except in accordance with the provisions of law or without the consent of the other party.