Essay代写：History and Significance of Chinese Commercial Law－r51due

下面为大家整理一篇优秀的essay代写范文- History and Significance of Chinese Commercial Law，供大家参考学习，这篇论文讨论了中国商法。在中国古代，由于商业发展的社会环境不成熟，缺乏商业信用体系支持，所以商人的社会地位相对较低。在商法方面，公法占据了主要地位，这意味着统治者对市场，商品和商人有着严格的管理制度。直到晚清和民国时期，中国才出现真正意义上的商法。如今，商业活动已成为最广泛的社会活动之一，这与国家和社会秩序稳定等各方的物质利益和人身安全有关。因此，商法的规则是保护商业活动有序进行的必要条件。

In ancient China, the social class and legal status of businessmen have been relatively low with the immature social environment for business development and the lack of commercial credit system support. In terms of the commercial law, the pubilc law has occupied the main position, which means the government's strict management system on markets, commodities and businessmen. During the late Qing Dynasty and the period of Republic of China (ROC), the commercial law, commercial code, regulations and articles of association in the modern sense appeared in China. In early ROC, civil and commercial legislation was separated and later in 1929 the civil and commercial integrated legislation was implemented.

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After the founding of People's Republic of China (PRC) in 1949, the long-term planned economy led to the absence of commercial legislation and all business activities of the enterprises without independent main body status were subject to government planning until the report of the 14th National Congress of the Communist Party of China put forward the establishment of the socialist market economy system in 1992. With the establishment of the market economy system and the reform of the enterprise system of our country, the status of the commercial main bodies such as the commercial enterprises, commercial banks, insurance companies and securities companies have been identified by the commercial law of our country (Chen, 2008, p.45). After 1992, commercial law entered the initial stage of full revival. In terms of the legislative system, a series of commercial separate laws such as the Company Law in July 1994, Insurance Law in May 1995 and the Securities Act in December 1998 have been promulgated and adopted. As time passed by, many old laws have been revised and many new laws have been enacted according to the new conditions and circumstances of Chinese economy and society. For example, Company Law has been revised several times respectively in 1999, 2004 and 2005. Company Law revised in 2005 more suited to the needs of the market economy, abolished the joint-stock company establishment approval system, reduced the mandatory norms and highlighted with the spirit of reflecting the encouragement of investment, simplifying the process and improving the efficiency. And the current version of Company Law revised in 2013 subscribed the company registered capital registration system to the registration system, abolished the minimum registered capital of the company, relaxed the business premises idle but at the same time strengthened the supervision on corporate integrity. For another example, Trust Law and Enterprise Bankruptcy Law have been enacted in 2001.

Today, commercial activity has become one of the most extensive social activities, which is related to the material interests and personal safety of parties in the transaction, society and the country and the social order stability. Therefore the rule of commercial law to protect the orderly operation of commercial activities is necessary. The rule of commercial law is conducive to the recognition of the independent status of the commercial main bodies, the constitution of the diversified market bodies and the regulation on commercial conduct, safeguarding the legitimate interests of the market participants and laying the standards foundation of Chinese modern enterprise system and the corresponding market norms (Turner, 2015, p.112).

References

Chen, J. (2008). Chinese law: Context and transformation. Leiden: Martinus Nijhoff Publishers.

Turner, K. G. (Ed.). (2015). The limits of the rule of law in China. Seattle: University of Washington Press.

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