2004Journal of Chongqing Technology and Business UniversityRequires access

On the choice of China's commercial Law Pattern

Wen Liu

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Abstract

The more Civil Code is constituted, the more sharply we dispute about the relationship of the civil vs. commercial law and the commercial law pattern. This article analyzes commercial law pattern based on the theory of combination of civil and commercial and separation of civil and commercial law. Though the analysis of the present conditions of the legislative pattern of civil law and commercial law, this article suggests that we should constitute a General Rules of Commercial separated from Civil Code, but in nature this code should be based on the theory of combination of civil and commercial law.

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What this paper is about

The more Civil Code is constituted, the more sharply we dispute about the relationship of the civil vs. commercial law and the commercial law pattern. This article analyzes commercial law pattern based on the theory of combination of civil and commercial and separation of civil and commercial law. Though the analysis of the present conditions of the legislative pattern of civil law and commercial law, this article suggests that we should constitute a General Rules of Commercial separated from Civil Code, but in nature this code should be based on the theory of combination of civil and commercial law.

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Available abstract

The more Civil Code is constituted, the more sharply we dispute about the relationship of the civil vs. commercial law and the commercial law pattern. This article analyzes commercial law pattern based on the theory of combination of civil and commercial and separation of civil and commercial law. Though the analysis of the present conditions of the legislative pattern of civil law and commercial law, this article suggests that we should constitute a General Rules of Commercial separated from Civil Code, but in nature this code should be based on the theory of combination of civil and commercial law.

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

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