《美国统一商法典》对中国商法发展的启示（The enlightenment to the development of Chinese commercial law by the uniform commercial code of the United States）.docVIP

《美国统一商法典》对中国商法发展的启示（The enlightenment to the development of Chinese commercial law by the uniform commercial code of the United States） [articles number] 1002 - 6274 (2002) 06 - 0035 - 02 The Enlightenment of the United States commercial code on the development of Chinese Commercial Law Huxuyu (School of law, Dalian Maritime University, Dalian 116026) The Uniform Commercial Code of the United States is considered the most advanced commercial law in the western world The commercial law entered the modern commercial law time mark, its modernity manifested for the US adjustment market The law of the field trading is internal and external, which is relative to the international trading rules. Chinas experience in the United States commercial code is more than a specific legal system Instead, it focuses on the modern commercial law embodied in it Spiritually, it is of substance. Because once we have mastered the commercial law The spirit of modernization can be active in the integration of the spirit of traditional commercial law The state can effectively resist the repulsion, erosion and rupture from the spirit of the traditional commercial law To take the initiative, take measures in a planned and step-by-step way, and draw lessons from the spirit of modern commercial law, The realization of Chinas commercial catch up from behind the goal. I. legal transplantation As for the successful experience of legislation abroad, the transplantation of law can be regarded as a kind of brief Effective and effective way of reference. But the need for transplantation techniques, transplantation methods, not only the original Some of the characteristics and merits of the legal system will disappear and may have been destroyed The economic process has played a counter productive role. President of the international society for comparative law Professor Crespo argued about the transplantation of law: in certain fields, especially in people., The legal field of marriage, the family, and