中國 ‘商法通則’ 및 商法典의 立法

Abstract

From the beginning of 20 centuries to nowadays, China has maintained principle of the combination of civil and commercial law. But as China entered into the system of social market economy, it is almost generally acknowledged that commercial law is an independent part from other legal parts and has its own peculiarities and operates completely on social market economies. Until now, China don't have its own independent commercial code except individual commercial laws like Maritime Law, Insurance Law, Company Law and so on. Although such a system of an individual commercial laws are simple and convenient, theyalso don't have any general rule of commercial law to systematize and harmonize with each other. Therefore, it is necessary to enact 'the General Rule of Commercial Law' newly. Last but not least, in consideration of the present ripened situations of Chinese economic development and acknowledged independency of commercial law, I would like to suggest that it's time for China to legislate an independent Chinese Commercial Code directly.