On the Basic Characteristics of Commercial Legal Relations

The formulation of China's general commercial rules is of great and far-reaching significance to the modernization of China's commercial legal system. Basic principles of commercial law.

The determination of commercial law and the promotion and popularization of the spirit of commercial law are the keys to the smooth formulation of general principles of commerce, and its successful realization depends on commercial law.

It is an accurate grasp of the basic characteristics of the system. The basic characteristics of commercial legal relationship have always been a hot topic in academic circles, but the mainstream view is worth opposing.

Think about it. The characteristics of commercial legal relations are "aggregation" rather than "profit-making". The fundamental difference between commercial legal relationship and civil legal relationship lies in

"Quantitative change leads to qualitative change". This directly determines that commercial law and civil law have completely different principles and spirits.

Keywords: commercial law; General principles of business; Basic principles of commercial law

The emergence and development of commercial law originated from practice. From the perspective of demand

Commercial law was born to adapt to the rise of cities and businesses in the Middle Ages.

The need of business communication brought by industrial revival, while the merchant class

It is also necessary for commercial law to come into being with its own strength.

Social factors. After the emergence of independent commercial law, the "government" of European countries

Special protection for businessmen, coupled with later geographical discoveries, for

Seek the country's prosperity and strengthen the government's own rule.

The government vigorously promotes the mercantilist policy, so that the interests of businessmen can be better protected.

Respect, so mercantilism has become a prelude to capitalist industrialization,

It contributed to the industrial take-off of capitalism. "Then, the west has made rapid progress.

Exhibition, and far more than other ancient civilized countries at the same time.

Go home. The emergence of independent commercial law in the Middle Ages ushered in a new era in Europe.

The special historical conditions of ancient China society determined the existence of natural economy.

It occupies an important position in the social and economic structure and is feudal autocracy.

The cornerstone of a degree. Commerce has a deconstruction effect on feudalism, while commerce

Law is the most revolutionary force in private law, so whether it is based on

The vague understanding still depends on the historical inertia and the ancient rule of China.

People who always implement the policy of emphasizing agriculture and restraining business have restricted the development of commodity economy.

Exhibition, hit businessmen, belittle businessmen, so that they can't get a free hair.

The opportunity to show. Therefore, it is mainly to adjust the horizontal connection between businessmen.

Law can't appear at all. On the contrary, it reflects the ruler's vertical interest in business activities.

Commercial regulations of directional control are very developed in China. And the real meaning

The commercial law in the world only appeared in China in the late Qing Dynasty. In the next hundred years,

China's commercial law has experienced the same development as China's social economy.

one

A tortuous process, under the planned economy system, even legally

Disappear in the department sequence. This tradition of our country is very important to the market economy.

The development of China and the integration of international trade have a negative impact.

China's entry into the WTO has completely broken China's old system of belittling and restricting commerce.

The tradition and revival of commercial law have brought new opportunities. International trade is becoming more and more unified.

The trend of commodity economy requires the revitalization of commercial law in China.

China's commercial legislation has neither a commercial code nor a general commercial law.

Although some scholars advocate that China's commercial law should adopt civil and commercial law.

Unified model, but it is not reflected in the current civil law framework.

The abstraction and induction of legal principles as a whole began with the current civil code.

It seems that grass work has not given a practical test to the future development of commercial law.

Consider and design. What's more, commercial legal relations and civil legal relations.

The significant difference itself determines that commercial law and civil law are different.

Principles, methods and spirit should belong to different legal departments. ① reason

Therefore, the timely formulation of China's general commercial rules can not only play a leading role as soon as possible.

The role of commercial laws and regulations, avoid overlapping and crossing with legislation.

Conflict or disharmony between law and legal deficiency, etc., and

It can lay the foundation for compiling commercial code. However, as far as business in China is concerned.

The formulation of general rules is quite critical, and the determination of basic principles of commercial law is the first step.

There are different opinions in the pre-scientific field. This article is intended to discuss some mainstream views.

Reflection, the basic principles and spirit of commercial law.

Preliminary analysis.

one

、

The basic feature of commercial legal relationship is "aggregation"

Not "for profit"

People always seek advantages and avoid disadvantages. Many great thinkers

one

Sample, Marx thought: "All social relations are first and foremost as.

What's interesting is. ... everything people fight for

This concerns their interests. "Interest is essentially the satisfaction of people's desires.

Requirements, wishes or expectations, including specific material wealth acquisition.

And the acquisition of intangible spiritual wealth. From historical materialism and social mind

From the neo-Confucian point of view, profit is regarded as the realization of people's pursuit, which

Realization is the starting point and opportunity of new pursuit, therefore, the pursuit of interests is

Profit-seeking is the most common and basic psychological characteristic and behavior rule of human beings.

Law is "the source and motive force of all creative activities". commercial law

Of course, legal relationship is profitable, but it is commercial.

The basic or primary feature of legal relationship that distinguishes it from other laws.

It is far-fetched to deny that other legal relationships are profitable.

Strong. For example, simple civil transactions, although small in scale, have legal relations.

The theme is simple, without repetition and continuity, but at any time.

In normal civil transactions, both parties to the transaction will never engage in it.

It is a commercial transaction, giving up their respective profit-making purposes in civil transactions.

On the contrary, the voice of bargaining in the noisy vegetable market is always endless.

It should be said that commercial legal relationship is different from civil legal relationship.

The basic feature of other legal relations should be "aggregation", which

"Aggregation" means that commercial legal relations actually originate from rights.

Simple civil legal relations and other legal relations are aggregated and unitary.

Neither barter nor currency exchange can rule out the possibility of profitability.

They belong to the category of civil legal relations, if there are many or even thousands.