Study Of Commercial Law Value

The commercial law is one of a most ancient law. At first, the commercial law exists as the business practice or the custom. Just like a Latin maxim says, "where has the trade, where has the law". From ancient Greece, ancient Rome to the Middle Ages, the trading custom gradually evolved to be merchant law (Law Merchant). The organization which specially settled the merchant's disputes, such as guild court or the trading court, appeared. After the middle ages, the political power of common custom gradually became powerful. The country gradually strengthens its intervention into trading activity, the formulation or compilation of the commercial law has become one kind of tendency.From the modern times to the modern age, the country increased the intervention of trading activity intensely, but the commercial law's essential attribute of civil law changes by no means. The Europe continent merchant law preserved to ours time, it was by no means the history remaining. It is has the renewal ability and the strain capacity. It was repeatedly enriched for the life. At least in the individualism legal time, the commercial law was always acting as general civil law exploiter and vanguard's role.In ancient time of China, we did not have commercial law in the true significance. New China adopts the planned economy system, the private sector gradually withers away, the economic regulated by the state. According to the planned production, the sale, the commodity economy law of value is twisted; the so-called commercial law certainly does not exist. After reform and open policy, China established a socialist market economy system. Commercial law becomes the important constituent to socialist legal system. The market economy is a law economy. It must have the corresponding legal strut and the safeguard. The civil law, the commercial law, the economic rules and regulations are the three indispensable legal pillar of market economy. The market entering or withdrawal system, the market behavior system, the market order maintenance and the safeguard system all need the corresponding legal standard. Commercial law precisely defends the market economy through the safeguard transaction security.In our country, commercial law study is a very young discipline. With the establishment and the consummation of our socialist market economy system, trading legislation and the commercial law study research entered into an extremely active time. In November, 2001, the Chinese commercial legal science research board had been established officially. The commercial law study research will not need again to under the shadow of civil law, It took an independent discipline, and will become an important branch of the legal science theory.The commercial law study research has the vital significance regarding the commercial law formulation, the revision, the consummation, and the scientific style. Because our country market economy development was still immature, the trading legislation was not perfect.Therefore, we should strengthens the commercial law and the research. Through analyzing the system fit and unfit quality, comparing with foreign correlation legislation practical experience, examining commercial law practice, we could perfect our commercial law. In various countries, commercial law are revised more frequently, It is for the commercial law's flexibility. The law often lags, but in all laws, the commercial law reflected economic life sensitively, So, commercial law had to be revised unceasingly in order to satisfy the need to adapt economy adjustment.Nowadays, the commercial law study has already become a popular discipline. But the general principles of commercial law, the elementary theory of commercial law are quite weak; the theory achievement is also limited. Therefore, many commercial laws scholars appeal to strengthen the research of the elementary theory of commercial law.Conducts the research to the elementary theory of commercial law has important significance in theory. Whether a discipline is mature or not, the development of the elementary theory research has the close relation to it. It must unify the commercial law elementary theory research to the method research of trading. It mutually promotes, composes the commercial law study together with the theory system. The commercial law elementary theory research may have the instruction significance to the method research of trading; it promotes the research boundary of trading law. In turn, the research of trading law may enable the research of the commercial law elementary theory to have the more substantial rationale, the rich commercial law elementary theory. The current condition is that method research to the commercial law elementary theory is difficult, the achievement obtains with difficulty. This is the reason that why many people shrink back at the sight to it. Therefore, the author thinks that we must strengthen the commercial law elementary theory research, because this is the foundation of commercial law study. The value research of commercial law is the constituent and soul of commercial law elementary theory. The value research of commercial law is the important task of commercial law study. It clears the commercial law value system, its content and the relations between them. It can guarantee the correct implementation of commercial law, it can guarantee the unified trading legislation, it can guarantee the unification of trading law order, it can avoid the contradiction. This article plans to use historical methods, the economic, ethics, the standard analysis method as a whole, and makes a system research no the commercial law value theory. The value research of commercial law needs to discuss the idea and the ideal of the commercial law, the goal and the starting point of commercial law. Why does the commercial law exist? It must have some significance, its final goal, the pursuance are the questions which all replied by the commercial law value theory. The value theory of commercial law may enhance the theory level of commercial law study, which has the significance to the commercial law elementary theory and the method research of trading. It also provides the research technique and the method for it, simultaneously the value theory of commercial law also has the instruction significance to the trading legislation and its implementation, all of these will makes the commercial law the system to be more unified, and harmonized.The present paper can be divided into five parts. The first and the second chapters are the parts for the value elementary theory of commercial law, it discusses the value connotation of commercial law, and the system, it is the key point of this paper. Third, fourth, and fifth chapters are the parts for the commercial law value. It analyzes the benefit, fair and the order value of the commercial law specifically. It is the utilization and the self-criticism to the commercial law value elementary theory.The first chapter is the value connotation of commercial law. This part mainly discusses the value limits of commercial law, the significance of commercial law value research, value of commercial law and basic principle of commercial law, and economic ethics difference. The commercial law value is a philosophy category of a commercial law elementary theory research, it distinguishes the function of commercial law, and it reflects that the person (main body) needs the commercial law (object) as well as relations between their attributes.In concrete analysis, the value of commercial law has following three characteristics: First, the commercial law value reflects the object need and subject satisfaction. The person is main body, and the object is the commercial law. According to the above, it must meet the needs to carry on corresponding changes and the revision. Second, the value of commercial law is subjective and objective existence. The subjective or the objective existence need each other and mutually affects each other. It impels the commercial law value idea in the advance. Third, the value realization of commercial law relies on the practice of commercial law, namely, the commercial law formulation (including revision, abolishes), carries out and abidance. Only through the commercial law practice, we can realize person's needs, and can judge the commercial law by the needs satisfaction of person.The significance of commercial law value research lies in: through the value research of commercial law, and the utilization to the commercial law, it promotes the theory level of commercial law study. The value theory of commercial law may be used to instruct and examine the other questions research regarding the commercial law; also may be taken as the theory tool of the commercial law study research. The value research of commercial law promulgates the essence of the commercial law. It completes the commercial law mission and provides the spiritual backing. This causes the commercial law study to become an independent discipline, sets up a spiritual for it and defines the range pole. The value research of commercial law may provide a tool for us, to examine and evaluate the formulation and implementation of commercial law. It guarantees the harmony and the interior unification of commercial law, prevents the phenomenon to depart from the commercial law value, and revises the violation of the trading law value system.The relations between value of commercial law and the basic principle of commercial law are: The commercial law value's position step is higher than the commercial law the basic principle, it is more macroscopic and abstract. The basic principle of commercial law is the materialization of the value of commercial law, but the value of commercial law has the instructive significance regarding the basic principle of commercial law, It is the basic spirit principle and the pursue goal of commercial law. The trading autonomous principle and the transaction convenient principle are the application of concrete benefit value of commercial law, the good faith principle of trading is the concrete application of fair value of commercial law, but the transaction security principle is the concrete application of commercial law order value. Through the basic principle of commercial law, the value of commercial law specifically changes into the commercial law legal system and the concrete standard. The relations between the value of commercial law and the economic ethics are: the commercial law is the system foundation on establishing the function of market economy, it makes the promotion on economy development, it safeguards the economic security, maintains the economic order. To the efficiency, the fair ethics pursuance inevitably reflects in the commercial law standard. The value of commercial law and the economic ethics are uniform. The value of commercial law reflects the spiritual pursuance of commercial law and its idea. In the value of commercial law, economic ethics is some kind of degree on the manifesting of commercial law. Therefore, the commercial law's value displaying function is a goal of the economic ethics, and becomes the threshold condition for the economic ethics.The second chapter is the value system of commercial law. It mainly discusses the body constitution of value of commercial law, commercial law value confliction and dissimilation question, as well as the value of commercial law, civil law, economic rules and regulations.The commercial law value system is the integration of all values of commercial law. Its forms are a system as a whole, which leads and restricts the formulation of commercial law, the implementation as well as people's trading behaviors. It reflects the people's overall need on the commercial law.The value of law is more than a system. The different legal values can have the contradiction and the opposition, this is the legal conflict. The three great values of commercial law certainly have such contradiction and conflict. The value conflict existence is objective, because the adjustment object of commercial law itself is complex. The most superior theory on the commercial law solves the value confliction of commercial law; the most basic principle is: benefit is supreme. The orientation of maximum value of commercial law is benefit, because the characteristic of commercial law is to seek profit. It is the nature of existence of commercial law, and its all goals are to promotes and safeguards the seeking of profit, realizing the maximization benefit. We can thus, realize the unification and coordination of commercial law.The third chapter is the benefit value of commercial law. It mainly discusses the connotation of benefit value, the benefit value manifest in the concrete legal system. It takes the benefit value as the tool to the appraisal of the concrete legal system. The commercial law benefit value, refers to the commercial law. In the system, it provides people with the less costs to gain greater income. It is the intrinsic pursue and the idea of commercial law. The commercial law benefit value goal is: (1) reduces the trading cost; (2) gains the greatest income. Thus, the commercial law in the system design the concrete manifestation is: (1) entrusts with the people in the trading right and in the voluntary disposition more freedoms and the choice, entrusts with the people the equality the opportunity, encourages the people positive participation economic activity; (2) in the trading behavior pattern guidance, encourages the people to pursue the biggest economic through the reasonable behavior; (3) in the trading behavior result appraisal, protects and the valid affirmation to the legitimate pursue economic behavior; (4) in the mechanism, it restores the economic life to the normal state, avoids the senseless time consumption.The benefit value of commercial law passes through each concrete system in commercial law. This article lifts three typical examples on commercial law systems: the bill system, the pattern of company govern, and the trading arbitration, and takes the benefit value as the standard to this three systems. Then the author gives his own suggestion on it.The fourth chapter is the fair value of commercial law. It mainly discusses fair value connotation, the fair value which manifest in the concrete legal system as well as take the fair value as the tool to the concrete legal system appraisal. The fair value of commercial law needs to be equal in the commercial qualifications and the opportunity. People receives the same level treatment and obtains the fair relief. The fair value pursue goal of commercial law is: (1) the trading qualifications equality is not different from person to person, that is the so-called fair; (2) equal in trading treatment, and opposed the discrimination.In the system design, the fair value of commercial law requests: (1) in entering the market, we need to formulate a unified threshold standard, safeguard investment freedom equally; (2) in the commercial law movement, we should safeguard the trading people obtains the fair result; (3) in the trading conflicts solving mechanism, respects the litigant and its decision, provides the suitable relief mechanism, safeguards that the harm obtains compensates.This article lifts three examples to manifest the commercial law fair value system: the establishment of criterion principle, the bankruptcy pays off system, the small shareholder's right protection mechanism. Finally, the author gives his appraisal on the system of the fair value and put forwards his suggestion on the standard of these three systems. The fifth chapter is the order value of commercial law. The main discussion is the connotation of order value, the order value which manifests in the concrete legal system. The order value is the tool to the appraisal of the concrete legal system.The order value of commercial law refers to the commercial law in order to safeguard the people in the system of trading transaction, protect the stable security sense, and the reasonable anticipated benefit. The order value of pursue goal of commercial law is: (1) constructs the order of trading transaction and promotes the formation of trading transaction order; (2) maintains and safeguards trading transaction order.In the system design, the order value of commercial law requests: (1) establishes the entering and dismissing system to the trading organization; (2) formulates the market transaction rule, establishes the transaction order; (3) stipulates the legal liability (civil), even the penal regulations (administration and criminal). This will enable the trading order to return to normal.This article lifts three examples to manifest the order value of commercial law: the trading registration system, the company dismissing system, the securities information disclosing system. Finally, the author gives his appraisal on the system of it and put forwards his suggestion on the standard of these three systems.Finally, in conclusion, the author make a brief analysis: Commercial law value system has great significance on the reform and practice of it. The commercial law value theory should undertake the ideal characteristic. It should instruct and promote the formulation revision and the consummation of commercial law. It simultaneously instructs and appraises the implementation function of the commercial law.