2004Unpublished venueRequires access

On Department of Commerical Law and Affiliating Commercial Law to Public Law

LI Kang-ning

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Abstract

Commercial is an independent legal department. Choice of legislative mode of commercial is only its form but not its nature. So-called affiliating commercial to public law only means that norms of public enter the fields of commercial to assist commercial to fulfill its adjustment. It merely embodies state intervention in commercial fields but does not deny the private nature of commercial and its status of an independent legal department. It is nothing but an unfounded idle dream to call off commercial and affiliate it to economic law.

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What this paper is about

Commercial is an independent legal department. Choice of legislative mode of commercial is only its form but not its nature. So-called affiliating commercial to public law only means that norms of public enter the fields of commercial to assist commercial to fulfill its adjustment. It merely embodies state intervention in commercial fields but does not deny the private nature of commercial and its status of an independent legal department. It is nothing but an unfounded idle dream to call off commercial and affiliate it to economic law.

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Available abstract

Commercial is an independent legal department. Choice of legislative mode of commercial is only its form but not its nature. So-called affiliating commercial to public law only means that norms of public enter the fields of commercial to assist commercial to fulfill its adjustment. It merely embodies state intervention in commercial fields but does not deny the private nature of commercial and its status of an independent legal department. It is nothing but an unfounded idle dream to call off commercial and affiliate it to economic law.

Key concepts: Law, Commercial law, Public law, Private law, Legislature, Intervention (counseling), Nothing, Business

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