중국 상법의 발전과 과제

Abstract

At the last Qing dynasty, China adapted the separation system of civil and commercial law, but shortly after then changed to that of combinations which have been a traditional model of Chinese legislation. Since new China has begun, commercial law were no demand and forgotten during socialistic building periods. what we call "commercial law" is one of the legal phenomenon appeared in gradually development of socialist market system after Reformation and Opening of China. But as China entered into social market economy system, it is generally acknowledged that commercial law is an independent part from other legal parts and has the own peculiarities and operates completely on social market economy. Commercial law in China has shown gradually developing features by enacting individual commercial laws, for example, Company Law,Insurance Law and Admiralty Law etc. and amending them. At any rate, from beginning of 20 centuries to nowadays, China has maintained principle of the combination of civil and commercial law which , however, has many problems. But Chinese Civll law Draft seems to select way of legislation of a civil code with a combination of civil and commercial law. Many commercial law scholars insist on the separation system of civil and commercial law and necessary to enact independent commercial law which is an international trends and adequate to Chinese market economy systems. As China has changed rapidly into developing market economy system, the way to select Chinese commercial law system will be a "complex system" which legislates "General Rule of Commercial Law" for systematizing and harmonizing with existing many individual commercial laws.