On the Independent Character of Commercial Law and Its Relativity

Commercial law can be divided into formal one and substantial one. The independent character of commercial law is displayed in that there're some differences between the subject, orientation, form etc. of commercial Law and that of civil law, and in that there're more differences between commercial law and economic law, labor law, administrative law, criminal law and international law etc.. The relativity of commercial law independence is displayed in that commercial law belongs to private law just as civil law, internet lets commercial law and civil law tend to be united, there's no special merchant class in modern society, commercial law and civil law have undifferentiated character of adjustment object, and have the same fields in basic orientation and adjustment methods, civil law's basic principles and basic contents are applicable to commercial law. Our country need no commercial code. Bringing substantial commercial law's general rules into appropriate sections of civil code and putting relative independent substantial commercial law outside of Civil Code as special act of civil law.