The value of commercial law and civil law led Comparison1612

1、the value of commercial law and civil law led comparison paper keywords business law civil law abstract legal value of a certain social subjects including legal needs and legal phenomena, including the relationship between a category. that is, the existence of the law, attributes, functions, and int

2、ernal mechanisms, and some people are required by law or necessary relationship that it is through the peoples legal practice shows that out. in the legal history of the various classical period, both in ancient and modern world, the right values of the argument, criticism, or the application of log

3、ical, have been the main activities of jurists. the dominant value of the law is the law pursued by means that when more than value target there are conflicts between the ultimate value of target selection. while differences in adjustment object can be directly defined sector to adjust the scope of

4、the law, but the dominant values of different decisions will be different from the ultimate goal of the legislation, so that the division of the legal department as necessary. commercial and civil law is the dominant difference between the value of comparative commercial law, civil law and the separ

5、ate existence of the theoretical foundation. therefore, the value will be the leading commercial law and civil law for comparison. first, the dominant value of commercial law efficiency, uehara in economics refers to the minimum resource consumption to achieve greater results. this is also the prima

6、ry benefit or intuitive metrics. effectiveness of advanced or deep measure is based on the intended purpose of the resource allocation and utilization of the final results of social assessment, social and resource allocation so that more and more people at the same time improve the environment and t

7、he environmental deterioration that no one, therefore, that means that efficiency increased. law of the value of the benefits of fingering can make social or people with less or more or less input to obtain a larger output to meet the needs of the people of the benefits significance. lies in the use

8、 of their allocation of rights and duties to regulate efficient allocation of resources, and the use of law to promote the role of the efficiency of the organic results appear. commercial law is to adjust commercial relations between the sum of legal norms. as a commercial law to adjust the objects

9、commercial relations are the main commercial established based on the profit motive. naishi profit nature of business activities of all lies, was a businessman engaged in business activities, according to the ultimate goal. in this sense, the commercial law is to maximize the profits of business rul

10、es of conduct exist. therefore, the commercial law systems of some of the important structures, such as the commercial registration system, business is a system of books, business name of the system, etc., as well as a number of important business in the conduct of the rules of the establishment, su

11、ch as trading, agency, warehousing, securities, notes, insurance, maritime, etc., are to ensure that traders profit goals. specification will focus on for-profit business activities are the basic characteristics of commercial law. this basic feature is essentially a concept of businessmen and commer

12、cial profit motive mechanism of legal certainty, reflecting the proliferation of commercial law in the social wealth, the development of social productive forces, the basic social functions and values. it also determines the effectiveness of commercial law in the whole system of values dominant in t

13、he value of status is the primary commercial law distribution of social resources values. the effectiveness of commercial law commercial law to adjust the value of can be described as commercial entities were acting in the market allocation of resources to achieve utility possibility curve, or paret

14、o-optimal state, said that the economy to achieve a general equilibrium, any change in the allocation of resources to re-arrangements are not in the non-destructive under the premise of any person to make any one persons situation better than before. commercial law can also reduce transaction costs.

15、 coase in 1937 in the corporate nature of a text first transaction costs theory to explain the existence and expansion of corporate significance. later, the concept of transaction costs become the new institutional economics and economic analysis of the theoretical basis of the basic areas of the la

16、w school. transaction costs refers to the production of all other costs, including information costs (discovery of trading partners, product quality, trade price, the cost of market conditions, etc.), measurement, the costs of defining and protecting property rights (ie, the premise of providing tra

17、ding conditions or transaction costs) time expenses (including bargaining, contract costs), the implementation of the cost of the contract, supervision of non-compliance and the imposition of sanctions to maintain order and transaction costs and risk costs. costs of social wealth or a pointless wast

18、e of resources. as the saving transaction costs help to improve the efficiency of market transactions, while the commercial law is to protect the legitimate profit-making activities of the law, therefore, saving transaction costs into the economic roots of the existence of commercial law, commercial

19、 law, starting from the lower transaction costs to achieve benefit value. coase on the theory of the firm in accordance with the general perspective of administrative coordination within the enterprise as a substitute for market by contract to complete the transaction, indicating enterprises (compan

20、ies) and the market are two alternative means of each other. this is because, due to nothing more than to organize production through market transactions and the establishment of business in two basic ways, with the market through a different contract to complete the transaction, the firm is relying

21、 on authority (board of directors and managers organs) within the company to complete the transaction, the transaction by the market moved within the enterprise in order to save transaction costs. in short, corporate existence is based on is that it can reduce transaction costs. company law company

22、law established a system of personality has been able to developed to its current level, rather than have great economic function is closely related to, and we can be modern economists on the origin and development of enterprise system to confirm the theory. should be said that the companys independ

23、ent personality and limited liability of shareholders as the company law system, the core of personality is a personality system, the economic value of the company law of the root. such limitation of liability to shareholders within the scope of their investments, so that shareholders and corporate

24、debt, the principle of segregation is seen as the establishment of the companys main interests. therefore, when the historical development of it to be corporate members of limited liability and the legal system, with perfectly integrated into joint-stock companies and limited companies as the main f

25、orm, on the company system into a powerful lever for social and economic development so that the capital the rapid concentration of capital and effective control of the investment risk reduction, profit maximization, and many other subjects of law has played a role can not match. truly realize the v

26、alue of the legal system, the socio-economic objectives. as the saving transaction costs help to improve the efficiency of market transactions, while the commercial law is to protect the legitimate profit-making activities of the law, therefore, saving transaction costs into the economic roots of th

27、e existence of commercial law, commercial law, starting from the lower transaction costs to achieve benefit value. reposted elsewhere in the paper for free download http:/ second, china and frances leading value what is fair? in this regard, a famous english jurist hart said: the same situation is e

28、qually treated and different treatment to different situations is a core element of a fair idea. in fact, fair as the ethics of this, mainly as a social concept exist in peoples perceptions and awareness, its discriminant mainly from the perspective of social justice in order to universally recogniz

29、ed values and recognized the economic interests of justice, equivalence and reasonable standard to be determined. the main emphasis is fair to the rights and obligations, benefits and burdens associated with each other between the reasonable distribution of social subjects or shared. this allocation

30、 or sharing of results to be acceptable for the parties and the community. in civil activities, with the balance of interests as a criterion to adjust the value of the civil relations of material interests between the main body to determine the distribution of their civil rights and civil requiremen

31、ts, thats fair. emphasis on social justice and equity, not only could be applied in the strict sense of the exchange between the contractual relationship, but also. applicable to non-strict sense of the relationship between exchange relations damages. as the adjustment of the object, the civil law t

32、o adjust the property relations between equal entities and personal relations, it is concerned that the legal status between the civil subject, etc. and this balance of interests, their footing is not the subject of additional the value of the acquisition, therefore, equity is the chief priority. th

33、e principle of fairness not only embodies the task of civil law, nature and characteristics, but also reflects the objectives pursued by china and france. in this regard, well-known scholars, professor xu guodong civil profoundly pointed out: fairness is the spirit of civil law, despite the various

34、provisions of civil law is extremely complicated, complex and multifarious, if you want to make a word of explanation, must be used a fair word. sheque fair, china and france will not become a civil law. that fairness is the concentrated expression of the spirit of china and france. even it is no ex

35、aggeration to say that fairness is the living soul of the civil law. therefore, the value of equity is the dominant civil law. fair value is embodied in civil law: civil entities have equal opportunity to participate in civil activities, exercise and realize their legitimate civil rights: civil righ

36、ts and the principal obligations of a correspondence may not show fair: civil subjects in the civil commitment responsibilities, level of responsibility and fault adapt. a number of countries on the principle of fairness also has been spelled out. for example, french civil code, article 1135 provide

37、s that: not only in accordance with its express contractual obligations to place and in accordance with the nature of the contract took place the principle of equity, custom or obligations provided by law. german civil code, article 315 provides that: defined-benefit from the contract a party who, i

38、n the of doubt should be in accordance with a fair method to determine the. in accordance with a fair method to determine the payments, their set only on for a fair time before it may occur on binding the other party. chinas contract law article 5 provides that: the parties should follow the principle of equity to determine the rights and obligations of the parties. taking into account real life, there is one pre-established format in accordance with terms of the contract signed in the case, so contract law article 39 provides: use of standard ter