商法（commercial law）.docVIP

商法（commercial law） commercial jurisprudence I. General introduction of commercial law 1 Commercial Law: the general term for all legal norms that regulate commercial relations. Features: 1) for-profit 2) technical specification 3) both public law 4) International 5) development Object of adjustment: commercial relation: the profitable subject, because of the social relation of two participating in the commercial transaction. Basic principles: freedom of business, legal entity of the business, maintenance of the commercial subject, the convenience of the commercial transaction, and the maintenance of the security of the transaction 2, the legal status of commercial law Commercial law is an integral part of private law, civil law is the general law of private law, and commercial law is the special law of private law. The applicable rules of commercial law and civil law: 1) civil law as the general application and supplement of commercial law 2) the application and effectiveness of commercial law norms take precedence over civil law norms The difference between commercial law and economic law: 1) the nature of the adjustment of social relations is different 2) the content of the adjustment object is different 3) different functions 4) the legal nature and the concept are different The commercial law adjusts the transaction activities between equal subjects, which belongs to the field of private law. The autonomy of the will is the basic adjustment method, and the commercial law pays attention to the profit seeking of the commercial subject and the protection of individual interests. The economic law mainly regulates the activities of the state to intervene in the economy. It belongs to the field of public law and relies on the state to stress the stability of the national economy and the protection of the overall interests. The 3 commercial entity: individuals and organizations engaged in profit-making activities, engaged in profit-making activities, and subject to com