金融商事习惯司法适用的实证分析-法律学专业论文.docxVIP

1 1 2 2 Abstract Nowadays the financial services market develops rapidly, and the all kinds of new situation keep emerging. The financial services market is developing much more custom than the legislator to meet the needs of the market. Financial custom is especially needed in cases involving the blank space in contract and the laws, and formal contract. Therefore, it is necessary to study the financial and commercial cases in judicial practice, and identify problems and propose improvement ideas. This article discusses the various segments of the financial services market and the differences in custom, the need for the various segments of the industry characteristics horizontal comparison, accurately analyze the characteristics of the financial services market in various fields. From the perspective of differences of the market, the higher standardized and more mature the industry is, the more narrow the space of application of custom is, because the presence of these standardized processes crowding the birth and development of financial custom. Conversely, a number of subjects involved in the financial sector , a wide range of geographical span , the greater the industry s demand for commercial habits , more accustomed to the vast growth of the financial and commercial space in the field. From the specific application of occasions , both sides on the larger format contract disputes , financial and commercial habits of the greater possibility exists . In addition, the contract and the law blank blank occasions , but also nurtured the growth of the financial custom. The applications of commercial habits in first instance cases and second instance cases, the proportion of commercial showed the same character. Whether it applies or not, the number of cases of first instance reflects no direct and significant impact. Both the courts and the litigating parties could become the subject starting the commercial custom applicable procedures, but the peoples court only star