Research on the Construction of the Legislative System of "General Principles of Chinese Commercial Law"

Abstract

以回应实践、解决问题为历史使命，《中国商法通则》应当立足于中国改革开放以来的商事活动实践，以创立适合中国社会发展的商事制度为指导思想，确立彰显现代商法特征的基本原则，构建公私混合、限定投资人范围的商事主体制度；公私并存、突破绝对保护的商事财产制度；生产、交易与金融行为并重的商事行为制度；以及兼容法定与意定、加重与减轻的商事责任制度，形成中国社会主义商法体系。“General Principles of Chinese Commercial Law”, with the historical mission of conforming to legal practice and problem-solving, should be based on the practice of commercial activities since China s reform and opening up; it should establish a commercial system that suits the development of Chinese society as the guiding ideology; it should confirm the basic principles that would demonstrate the characteristics of modern commercial law. General Principles of Chinese Commercial Law”should establish the public-private mixed subject system with limited investor scope, the public-private coexisted commercial property system that breaks the absolute protection, the commercial conduct system with equal emphasis on production, trading, and financial behavior, and commercial liability system that is compatible with statutory and intended liabilities as well as aggravated and mitigated liabilities. All in all, General Principles of Chinese Commercial Law” should form the Chinese socialist commercial law system.