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Dołączył: 03 Mar 2011
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 Wysłany: Pon 7:37, 25 Kwi 2011 Temat postu: On the business subject _2756 |
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On the main commercial
[Abstract] imperfect system of legal subjects, is still legal theory and practice of facing a big problem, especially the main commercial and economic law issues subject. This article reveals the meaning of the two, to be defined and compared to its analysis, and then made to improve the system of market economy, the main point thinking.
[Key words] commercial relations between the main subject of economic and commercial legal system, the main state-owned enterprises
Civil law is to regulate the commodity economy in the Basic Law, the modern commercial law is the basic code of conduct market transactions. Civil and Commercial Law aims to ensure that market players according to their own through the power of the spirit of the principle of private autonomy to achieve the main trade cooperation. Law intervene in the market as the country's basic legal forms of economic activity, and the civil law that overcome market failure, saving transaction costs of market players of political power in a coordinated mainly to implement the principle of compulsory secondary co-principal transactions. [1] (P122), however, and both facilities with each other, are closely connected, are indispensable. This was reflected in some cases, the functions of the national will and the government to adjust to the role of commercial relations, and reflect this role into the system and rules of commercial law. Reflected in the legislation, that there is Law Regulating Commercial Law, Commercial Law contains the content. The Commercial and Economic Law are the main commercial and economic law has been established the main legal basis, in this sense, the Commercial Law of the main subject and has some similarities, not easy to distinguish, this article will be defined and compared them.
One of the main commercial and economic law the definition of the main
(A) define and compare the commercial significance of the subject and Economic Law
Because of the economic and political institutional reasons, the main statutory body of the market many problems, such as market definition of the main extension is unknown, different classification criteria of market players, types of market players in the market competition is not balanced and so on. Solution of these problems depends on the theory of economic law on the subject and the main commercial study the similarities and differences.
Study the history of China's economic development, economic development and market goods are not institution-building initiative began, but the government comply with the law of history and the times from top to bottom through the [2] (P2), but the market's own blindness and lag, this time, the necessary restriction is necessary, and the external forces such constraints can only come from the Government. Government, as representatives of public authority, was given the management of competition in the market and the sacred duty of regulation. This will involve the proper exercise of state power and the protection of private rights. Although our proposed goal of establishing a market economic system has more than ten years, but the remnants of the planning system in the government the often subject to unequal treatment. The main commercial and economic law to clarify the relationship between the main body, is conducive to separating the separation between officials and businessmen to promote China's economic reform and transformation of government functions, thereby promoting a unified, orderly and stable market system of the building.
Again, help people to correctly understand the subject and the subject of economic commercial and accurately grasp the characteristics of the two in order to more accurately define and Commercial law and scope of the adjustment object. According to legal principles, the adjustment of the object is to determine the legal range of social relationships, limited participation in certain social relations scope of the subject. Adjust the object and subject are closely related. Commercial and Economic Law of the main range is adjusted by the two methods the object decision. In turn, the exact definition of business subject and Economic Law, to better understand the economic law and commercial law and clear the object and scope of the adjustment.
(B) of the commercial concept and characteristics of the subject.
Commercial subjects, the Commercial Code in foreign countries have different titles, such as On commercial subjects, our jurisprudence has not unified on its interpretation. To sum up, mainly the following points: (1) is the main commercial requirements in accordance with commercial law, to participate in commercial activities, enjoy the rights and assume obligations. In short, the commercial law on the rights and obligations vested. [3] (P15) (2) commercial subjects, also known as business subject, is entitled to commercial legal personality, under the name of business conduct in their own careers in the civil law relations, enjoyment and commitment to operational and commercial rights and obligations. (3) From an economic sense, the main commercial and legal sense to be defined. In economics, commercial subjects that is rational Sense of the main business law, commercial law is based on the relevant provisions, to participate in commercial activities, enjoy the commercial rights and assume the corresponding obligations of natural persons and legal organizations. [4] (P30) The first view is simple, but provide a comprehensive summary of the main commercial meaning. The second point made is not that the main legal and commercial basis. The third point of view would condone Economics I believe that we are engaged in legal research, it should remove everything about the And only included in the natural and legal organizations, the main business, yet the exclusion of business partners, one-sided. So, I adopted the first view.
Business subject has the following characteristics: 1, commercial on the main provisions of the Commercial who is here 2, shall have the right to commercial capabilities and capacities. It is the basis for business registration business of the main business scope approved by independent providers engaged in certain acts and enjoy the rights of commercial law and assume the obligations of commercial law qualifications and abilities. 3, shall be those who participate in commercial activities,[link widoczny dla zalogowanych], and only with certain conditions in order to become the main provider of civil body. 4, shall be entitled to enter into commercial relationships and the rights and obligations, that is the name of their own, independent rights and obligations. [5] (P15)
(C) on the Economic Law
Of Economic Law, from different perspectives, different points of view are as follows: 1, the main economic and legal relations, legal relations is to participate in the economy, with economic powers or economic rights and bear the financial responsibility or financial obligations of the parties. [6] (P98) 2, the main economic and legal relations, that is the main economic law, refers to the economic rights and obligations of the burden. In China, the main economic and legal relations including natural persons, legal persons and unincorporated organizations. 3, there are scholars believe that the legal relations in the economic area, we should distinguish between economic entities, legal entity; legal connection of the main, the main concepts of legal relations, and further pointed out that the main economic law is the law of economic rights, participate or to participate in the economic and legal relations of the social body.
I agree with the first point of view. The second view will be the main economic law, the state of this important part of the main economic law ignored, is one-sided, and undesirable. A third view would be a doctrinal and Economic Law of abstract logical categories, too complex and difficult to grasp the concept of economic law subjects, but also undesirable.
II, Commercial and Economic Law of the main comparison
Regulate legal relations in the legal process of adjusting social relationships formed between people of the rights and obligations, and its legitimacy, the will of the law and so the main specific features. This paper is to compare the main commercial and economic law from the legal relationship between the main subject is the general carried out. Legal relationship between the main participants in the law, is entitled to certain rights and certain obligations of the burden. Commercial areas are essentially within the private law attaches great importance to the principal of equality and party autonomy. Law emphasized that the appropriate government intervention, it focuses on the relationship between macroeconomic adjustment, and also some micro-economic adjustments, such as the subject of state regulation of market transactions. Therefore, the Commercial and Economic Law of the main body of existing common ground and differences.
(A) The subject of economic and commercial subjects in common
Subject of economic and commercial subjects are closely linked. Economic Law Economic Law based subjects were divided into two categories, namely, the main regulatory body and controlled; regulatory body and the regulated body. Basically, controlled by regulation of the main body and attached to the qualification of civil and commercial matters, but it broke through the qualification of civil and commercial matters. In my opinion, from the main scope, business can be a main body of the party of economic law, a national control and regulation of the object. The state of this important part of the main body of economic law, in exceptional circumstances, can also participate as a commercial legal relationship between the main body of private law, as the main civil and commercial matters, such as legal authority.
1, the main result of commercial use different standards, can have different categories. These categories reflect the different countries, different types of commercial law and commercial requirements of special control subjects. Practical level in social life, because the complexity of the main commercial and hidden and difficult to grasp the man of the emotional, but also makes it easy to mistakenly believe that the main business is commercial. Traditional theory holds that the commercial law to business subject to the standard features of the organizational structure, business can be divided into individual, corporate commercial partner with the business.
2, the state was established as the subject participating in market activities of private law is the objective requirements of market economy. State as a model of private law and the main foundation with special features and services, and orientation of features, it's fundamental goal is to provide social services. No freedom, no equality, there is no market economy. Civil and Commercial Law is to regulate the market economy
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