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2014•Journal of Chongqing College of Electronic EngineeringRequires access

Study on Chinese Legislative Pattern of Commercial Law

Shu Zhiyon

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Abstract

In Chinese theory circle of the science of law, there existed two contradictory opinions about the legislative pattern of Commercial Law so far, division of Civil Law and Commercial Law and integration of Civil Law and Commercial Law. Basing upon commenting on the arguments about the two choices of Chinese legislative pattern of Commercial Law, this paper holds the opinion that the best choice to stand on the reality and look forward to the future is that we should formulate General Principles of Commercial Law to regulate the basic commercial legal relations while formulating the Civil Code.

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In Chinese theory circle of the science of law, there existed two contradictory opinions about the legislative pattern of Commercial Law so far, division of Civil Law and Commercial Law and integration of Civil Law and Commercial Law. Basing upon commenting on the arguments about the two choices of Chinese legislative pattern of Commercial Law, this paper holds the opinion that the best choice to stand on the reality and look forward to the future is that we should formulate General Principles of Commercial Law to regulate the basic commercial legal relations while formulating the Civil Code.

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Available abstract

In Chinese theory circle of the science of law, there existed two contradictory opinions about the legislative pattern of Commercial Law so far, division of Civil Law and Commercial Law and integration of Civil Law and Commercial Law. Basing upon commenting on the arguments about the two choices of Chinese legislative pattern of Commercial Law, this paper holds the opinion that the best choice to stand on the reality and look forward to the future is that we should formulate General Principles of Commercial Law to regulate the basic commercial legal relations while formulating the Civil Code.

Key concepts: Law, Civil law (Civil law), Legislature, Commercial law, Chinese law, Comparative law, Public law, Political science

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