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Analysis Of The Commercial Rules Of Civil And Commercial Enterprises

Posted on:2018-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y P LvFull Text:PDF
GTID:2356330533962988Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The compiling of civil code has taken the combination of civil and commercial in our country.The author through arranging system of commercial within the territory of private law rules reasoningly,to clarify thedifferentcommercial rules of system and venation in the structure of the national code,and try to introduce a concept of “business rules” to redefine and unified regulation of special behavior between all contract rules.On the one hand,Clearingthe characteristics and trend of modern commercial rules and the independence of commercial law and the effective function of administrative procedure.On the other hand,adjusting the relationship between the rules of civil and commercial in the process of compiling civil code.Likewise,organic law for the businessandsystematiccommercialconduct law are independence of the civil code.The unfair system of business practices for the use of legislative science and technology into the civil code.Thus,Which can promote the compilation of our civil code with the system,logic and universality of the three basic characteristics of science,and also to build a special code to maintain the special norms of commercial transactions,constantly promoting the perfection and development of the rule of law in the field of private law in our country.In this paper,the research methods of empirical and comparative analysis could be used in the writing process,as well as historical analysis of research methods.This article starts to introduce from the analysis of the boundary and nature of business rules at the same time,by examining the rational definition and typified interpretation of modern business rules,and analysising of private law in the field of civil and commercial law “mutual” phenomenon.In addition,this article also combines with the current situation and legislative step of the compilation of our civil code,trying to find out the legislative model and path under the framework of civil and commercial integration.The full text is divided into three parts: introduction,text and conclusion.The text consists of three parts:The first part introduces the basic theory of business rules.This part of the business rules by explaining the concept,characteristics and evolution process,And then detailing the value of the rules of the ontology and cognitive standards,trying to find an accurate theoretical orientation for modern business rulesin the field of civil and commercial law “mutual” phenomenon.The second part introduces commercial rules of procedure application.This section summarizes the commercial rules of the codification of each country,and analyzes the comparative structure of the code structure on the basis of the civil law system and the codification design of the common law system,then discusses the codification system of civil and commercial cooperation.The third part explores the legislative path of our civil code.Firstly,this part analyzes the rules and rules of commercial rules by analyzing the rules of commercial rules and combining with the current situation of the compilation of the civil code and the rules of the rules and regulations of the commercial rules,so as to draw the legislative model and the choice of the rules of the commercial rules.Finally,Under the background of the compilation of our civil code,this part analyzes how to realize the civil law system in our country.
Keywords/Search Tags:Commercial rule, Combination of civil and commercial, The structure of the code, Compilation of civil code
PDF Full Text Request
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