What is the relationship between civil law and commercial law? The relationship between civil law an

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.

Analysis:1Civil law and commercial law jointly regulate commodity economic relations, both are private law, and the two are closely related.

2.All the principles used in commercial law are constantly being absorbed into civil law. 3.

The civil law protects the property and personal relations between equal subjects, and the commercial law is mainly a commodity transaction rule formed with the commercial transaction customs.

Laws and regulations: in accordance with the 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 adapt to the requirements of the development of socialism with Chinese characteristics, and to carry forward the core socialist values of envy.

The differences between commercial law and civil law are as follows:

1. The legislative value orientation is different.

The legislative value orientation mainly contains two meanings: one refers to the social effect that the state hopes to achieve when formulating laws; The second refers to the ultimate choice of value goals when there is a contradiction between multiple value goals pursued by the law. Civil law and commercial law are both private laws, and have the same basic value orientations such as honesty, fairness, efficiency, equality, etc., but there are also great differences between the two due to the different objects of adjustment.

For example, the most basic value orientation of civil law is fairness, and when fairness conflicts with other civil law principles, the primary task of civil law is to maintain fairness, that is, fairness gives priority to benefits and others; The most basic value orientation of commercial law is efficiency, and its basic requirement is that efficiency is given priority to fairness and others.

2. The main body of adjustment is different.

The subject of civil law adjustment is the civil subject (natural person, legal person, other organization, state), and the commercial law adjusts the commercial subject. (natural person, legal person, other organization).

3. The adjustment object is different.

The civil law regulates property relations and personal relations between equal subjects. The Commercial Law regulates the commercial legal relations that occur in the course of market transactions between for-profit entities, i.e., commercial entities. Civil relations include property relations and personal relationships, which are complex in terms of the objects of adjustment; Although some people believe that commercial relations include commercial property relations and commercial personal relations, in essence, commercial personal relations are property relations in a broad sense with direct property content that are attached to the legal personality of the commercial subject, so the object of adjustment of the commercial law is singular.

4. The scope of the subject is different.

Civil law has the characteristics of a wide range of applicable subjects, and can be applied to all members of society. The commercial law has the characteristics of limiting the applicable entity and is only applicable to commercial entities.

5. The legal liability system is different.

Civil law generally implements the principle of fault and liability for mistakes. In addition to the principle of fault liability, the principle of no-fault liability is also widely applied in commercial law.

Legal analysis: In general, commercial law is a special law of civil law. The specific differences are as follows:

1) The subject of adjustment is different: the subject of civil law adjustment is the civil subject (natural person, legal person, other organization, state), and the commercial law adjusts the commercial subject. (natural person, legal person, other organization) (2) The object of adjustment is different:

The object of civil law regulation involves all aspects of life or potato skill. Commercial law regulates only the area of circulation. (3) The legislative purpose is different:

Civil law pursues social fairness and justice, and commercial law focuses on the safety of transactions! (For example, the non-causality of negotiable instruments in the Negotiable Instruments Law is to ensure the security of the transaction) (4) The status in the country's legal system is different: the civil law is the departmental law of the state, and it is the basic manual law.

Commercial law is not, it is a special law of civil law. (5) The development and revision procedures are different.

Shirt key law basisArticle 7 of the Civil Code of the People's Republic of China: Civil entities engaging in civil activities shall follow the principle of good faith, uphold honesty, and abide by their commitments.

Civil law and commercial law are two different legal systems, but they are closely related and mutually influencing in practice.

Civil law is a basic legal system that regulates the basic rights and obligations between individuals, as well as the norms of behavior of people in their daily lives. Commercial law is a legal system that focuses on economic activities, mainly involving commercial contracts, company law, labor law, etc.

The provisions of commercial law are usually developed on the basis of civil law, as commercial activities often involve more inflexible transactions, contracts and legal relationships. The provisions in commercial law tend to be more specialized and specific than in civil law in order to adapt to the needs of commercial activities.

Although civil law and commercial law are different, it is common for them to intersect and influence each other. For example, some of the principles of civil law (such as the principle of fairness, the principle of good faith and the principle of protecting the interests of the parties) also apply to contracts and transactions in commercial activities. In addition, issues in commercial activities can also become civil law disputes, such as disputes over breach of commercial contracts or corporate governance issues.

In conclusion, civil law and commercial law are closely related legal systems, and together they constitute the legal framework of modern society, providing legal protection and norms for individuals and business entities.

The two also have a complementary relationship. Civil law is the basic law of our country, including the "Marriage Law", "Imitation Chi Jujube Inheritance Law", etc., which is the foundation and general outline of all laws. Commercial law is a special law that mainly focuses on the dismantling of economic activities, and is part of the scope of civil law.