1, both civil law and commercial law are laws regulating civil and commercial behavior within the scope of private law;

2. The subject system of civil law is a general provision on the subject qualification 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 of a special type of civil subject;

3. The real right system in commercial law is based on the civil real right system, and the creditor's right system in commercial law, as a special provision of market trading activities, must also be based on the civil creditor's right system. For example, the establishment, transfer, guarantee and payment of bill rights in bill system are the concretization of creditor's rights system, and insurance contract is a typical format contract in civil law. It is not difficult to see from the development and changes of the adjustment object, basic content and legislative compilation of civil and commercial law that they are closely related and different.

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

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1. In terms of legal division, they all belong to private law. Especially in countries where civil law and commercial law are integrated, it is often considered that the relationship between civil law and commercial law is the relationship between general law and special law, and commercial law is a part of civil law. Separate commercial laws and regulations are only to supplement or change the provisions of civil law. Even in countries where civil and commercial affairs are separated, commercial law is often regarded as a special law of civil law.

2. As far as the object of adjustment is concerned, both civil law and commercial law should adjust certain property relations.

3. Legal Principles The principles of honesty, voluntariness and fairness apply to both laws.

Difference:

1. Civil law pays attention to equality of status and balance of interests among civil subjects, and fairness is its primary feature. Commercial law focuses on the value-added pursuit of commercial subjects, and protecting profits is its primary feature.

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

3. As far as the application and effectiveness of law are concerned, commercial law should be given priority.

Second, the characteristics of commercial law

1. Profit of commercial law adjustment behavior;

2. The particularity of the object of commercial law adjustment;

3. Commercial law is highly technical and changeable;

4. Publicity of commercial law;

5. Internationality of commercial law.

Three. 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 abuse of rights,

7. Green principle.

1. Civil law and commercial law are both laws regulating civil and commercial behavior within the scope of private law. Both of them constitute the basic part of private law in the civil law system. Civil law is abstract law, while commercial law is concrete law. The adjustment of civil and commercial legal acts needs the close cooperation of civil law and commercial law.

2. The subject system of civil law is a general provision on the subject qualification of commodity economic activities, and the legal status of any individual and economic organization is ultimately completed by the subject system of civil law. The subject system in commercial law is a special system design of a special type of civil subject. For example, the company system is the most typical form of legal person system in civil law, and the partnership system is the typical or advanced form of partnership system in civil law.

3. The real right system in commercial law is based on the civil real right system, and the creditor's right system in commercial law, as a special provision of market trading activities, must also be based on the civil creditor's right system. For example, the establishment, transfer, guarantee and payment of bill rights in bill system are the concretization of creditor's rights system, and insurance contract is a typical format contract in civil law.

To sum up:

The relationship between commercial law and civil law is both related and different. The relationship between them includes: both belong to private law, both adjust certain property relations, and both apply the principles of good faith and voluntariness. The difference between them lies in the focus, nature, applicable effect and so on.

Legal basis:

People's Republic of China (PRC) Civil Code

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Civil law regulates the personal relations and property relations among natural persons, legal persons and unincorporated organizations as equal subjects.

essay

The personal rights, property rights and other legitimate rights and interests of civil subjects are protected by law, and no organization or individual may infringe upon them.

Company Law of the People's Republic of China

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This Law is formulated in order to standardize the organization and behavior of companies, protect the legitimate rights and interests of companies, shareholders and creditors, maintain social and economic order and promote the development of socialist market economy.