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The Relative Uniqueness Of Commercial Trial Research

Posted on:2017-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:Z D ZhouFull Text:PDF
GTID:2296330503453107Subject:Law
Abstract/Summary:PDF Full Text Request
Today’s era of economic development occupies an important position, is the age of mercantilist, numerous business subject, economic activity is frequent, with the emergence of the economic crisis, economic development also crisis countries political and social stability, to this, many countries have the important position of business development on the nation strategy, society has already formed the pro-business atmosphere and mercantilist theory system. Business main body activity is frequent, then a lot of disputes, commercial trial status and role of the increasingly prominent, important influence on a country’s economic development. According to the supreme people’s court in 2015 work report pointed out that in 2014 China has reached 2.782 million pieces, all levels of the court of first instance commercial cases rose 8.5%. All levels of court accepted enterprise mergers, with 12000 cases of forced liquidation, shareholders transfer etc, conclude the 824000 cases of financial disputes, with 664000 cases of conclude the business contract.History, our country is given priority to with agriculture, commercial development later, slow development of commercial law and commercial trial. In the legislation, our country are still adopt the unity of civil and commercial legal system; Concept, the concept of commercial trial is relatively backward, the referee standard does not fully maintain business subject trade security and stability; On the procedure, not fully differentiated and civil trial; System, there is no specific trading a court or tribunal. The history and current situation of the development, system Settings, did not reflect the characteristics of commercial trial and particularity, so far failed to adapt to the development of commercial disputes and to make reasonable judgment trading disputes in the referee.This article from the origin of the commercial trial, the world commercial trial and commercial trial in our country development present situation, and the relative independence of civil and commercial trial commercial trial and commercial trial its own characteristics, combined with the case in the court trial practice, combing the current situation of our country commercial trial and the insufficiency, proposed our country commercial trial should uphold the thinking, ideas, the uniqueness of procedural Settings such as how to apply legal and commercial trial, provide a beneficial reference for perfecting our country’s commercial trial.
Keywords/Search Tags:The commercial trial, judicial philosophy, independence
PDF Full Text Request
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