중국 상법 체계의 특색과 ‘상법통칙’의 제정
A Study on Characteristics of Commercial Law System and Legislation of ‘the General Rule of Commercial Law’ of China
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Commercial Law is one of the legal phenomenon appeared in development of socialist market economy system after Reformation and Opening of China. China has adapted system of combination of civil and commercial law instead of separation of civil and commercial law. All commercial laws were regarded as civil law in those days legal theory. As China entered into social market economy system, the roll of commercial law was more and more important because of its own peculiarities and independent part from other legal parts. Commercial law in China has shown gradually developing features by enacting many individual commercial laws. it is in this period that Chinese characteristic commercial law has appeared. Both commercial laws and China’s reformation and opening economic development seem to be good partners going together especialy after establishing socialist market economy system. However, as many individual commercial laws have been enacted separately, there are many problems among these laws which appear double enacting and systematically and technically non unification and non cooperation. Because of lack of legal principle of unification, commercial laws have problems in contents and systems. In order to regulate well each commercial laws, it’s necessary to legislate “General Rule of Commercial Law” as a basic commercial law for systematizing and harmonizing with existing individual commercial laws like “General Rule of Civil law” as a basic civil law in China.
Abstract
Commercial Law is one of the legal phenomenon appeared in development of socialist market economy system after Reformation and Opening of China. China has adapted system of combination of civil and commercial law instead of separation of civil and commercial law. All commercial laws were regarded as civil law in those days legal theory. As China entered into social market economy system, the roll of commercial law was more and more important because of its own peculiarities and independent part from other legal parts. Commercial law in China has shown gradually developing features by enacting many individual commercial laws. it is in this period that Chinese characteristic commercial law has appeared. Both commercial laws and China’s reformation and opening economic development seem to be good partners going together especialy after establishing socialist market economy system. However, as many individual commercial laws have been enacted separately, there are many problems among these laws which appear double enacting and systematically and technically non unification and non cooperation. Because of lack of legal principle of unification, commercial laws have problems in contents and systems. In order to regulate well each commercial laws, it’s necessary to legislate “General Rule of Commercial Law” as a basic commercial law for systematizing and harmonizing with existing individual commercial laws like “General Rule of Civil law” as a basic civil law in China.
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