中國 商事立法方式의 選擇

• 영문명: A Study on Selection of Legislative Systems of Commercial Law in China
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 李鴻旭(Hong-Wook Lee)
• 간행물 정보: 『비교사법』比較私法 제13권 제4호, 587~611쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  There has been much heated discussion between the unification or separation of the civil and commercial Law in China and this discussion is mainly concentrated in the independence of the commercial law.
  In China, It is generally acknowledged that civil code constitutes according to combination of civil and commercial code and independent commercial laws are treated as a special laws of a civil code.
  Nowadays, the importance of commercial law is gradually accepted and the independence of commercial law is necessary to control social market system in China.
  There are four ways of deciding legislative system of Chinese commercial code which devide as follows.
  1) to legislate a civil code with a combination of civil and commercial law.
  2) to legislate a civil code and commercial code independently.
  3) to legislate a traditional civil code in connection with enacting individual commercial laws.
  4) to legislate a General Rule of Commercial Law to standard the basic commercial law relationship in connection with enacting individual commercial laws.
  But China is preparing a civil code and individual commercial laws has been made(follow the above 3 system),which explains the Chinese characteristics to legislate “from the retail to wholesale policy".
  In consideration of the above situation, the above 1 is unsuitable to reality, and above 2 is unsuitable to timeliness, and the above 3 is the present adoption.
  The way of the above 4 is the best choice to stand on the reality and turn eyes toward the future.

목차

Ⅰ. 머리말
Ⅱ. 중국에서의 상법지위에 관한 논쟁
Ⅲ. 중국 상사입법방식
Ⅳ. 완전한 의미의 민ㆍ상법합일의 민법전 제정
Ⅴ. 완전한 의미의 민ㆍ상법이 분리된 독립적 상법전의 제정
Ⅵ. 전통적 민법에 단행 상사법 추가 방식
Ⅶ. 전통적 민법전과「商事通則」의 동시 제정방식
Ⅷ. 결론
【참고문헌】
【Abstract】

키워드

中國 民ㆍ商法 民ㆍ商法合一 民ㆍ商法分離 單行商事法 商事通則 中國特色 Chinese Civil and Commercial Law Combination of Civil and Commercial Law Separation of Civil and Commercial Law Individual Commercial Law General Rule of Commercial Law Chines Characteristics