On The Choice Of Commercial Legislation Mode In China

The choice of China’s civil and commercial legislative model has been a hot issue of common concern in academic circles and judicial practice departments for a long time.China’s official commercial legislation can be traced back to the end of the Qing Dynasty.So far,it has a history of more than 100 years.At the end of the Qing Dynasty,under the impact of the west,the social and economic system began to change.At that time,the rulers and people from all walks of life had gradually realized the importance of commercial activities.For the consideration of protecting citizens and changing national difficulties,legislators began to study the relationship between civil and commercial legislation and began to formulate commercial laws.During this period,Chinese and Japanese scholars conducted academic discussion on the choice of civil and commercial legislation mode.Japanese scholars such as Meiqian Jilang and Shibata Kotaro mostly advocated adopting the civil and commercial integration mode,while Chinese scholars advocated learning from the west to adopt the separation mode.The debate at this stage finally ended when legislators chose the separation mode.In the early years of the Republic of China,the new regime had just been established.In order to protect industry and Commerce and recover consular jurisdiction,Chinese and French scholars mostly supported the integration model for civil and commercial legislation,but legislators chose to continue the separation model in the late Qing Dynasty.During the period of the Nanjing National Government,new changes took place in the social environment.In order to promote the progress of social industry and Commerce and recover consular jurisdiction to achieve sovereign independence and judicial independence,most Chinese and Japanese scholars preferred the integrated model in civil and commercial legislation.The legislative model in this period finally adopted the integrated model that was different from the past,The legislative model in this period is of great significance to the construction of China’s civil and commercial legislative model.After the founding of new China,China has gone through a period of exploration in the establishment of civil and commercial legislative model.Before the reform and opening up,in addition to the stagnation of civil and commercial affairs during the "Cultural Revolution",the legal documents formulated in other periods were also influenced by the planned economy.Until after the reform and opening up,with the continuous development of market economy,China’s commercial legislation has also ushered in a new situation,and various commercial activities have successively formulated commercial separate laws.Although the legislative model of civil and commercial integration has been established,there are always different views in the academic circles,especially with the formulation and promulgation of the civil code,whether an independent commercial code is also needed in the future has aroused heated debate.Because the civil code does not cover the general provisions of commercial law,there is still a vacancy in the general provisions of commercial law.From the perspective of law application,it will make it difficult for the judiciary to form a unified judgment,which will damage the authority of the law,From the perspective of legal system,it will lead to the imperfection of China’s commercial legal system and the phenomenon of legal gap.Therefore,it is not feasible to continue the current mode of integration.At the same time,based on China’s current legislative technology and legislative planning,it is inappropriate to directly formulate the commercial code.Based on the consideration of perfecting the commercial legal system and the current situation of China’s legislation,China’s commercial legislation should first formulate the general principles of commercial law,and then formulate the commercial code in parallel with the civil code under the background of socialized mass production in the future.