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下面为大家整理一篇优秀的essay代写范文- Civil and commercial law and the lack of commercial credit,供大家参考学习,这篇论文讨论了民商法与企业商事信用的缺失。如今,企业想要实现可持续发展,需要具备一定的资金规模。提升资本积累、扩大资本实力就需要具备良好的企业商事信用。信用是企业长期发展的重要保障,只有确保信用问题,才能在激烈的市场竞争中站稳脚跟。民商法规定下的市场也要严格把控企业的准入标准,对于信用缺失或存在信用问题的企业要禁止其进入到市场中。

Lack of commercial credit of enterprises has a very serious impact on enterprises, not only affecting the development of enterprises themselves, but also negatively affecting the market order and market economy. In order to solve this problem, it is necessary to further improve the lack of commercial credit of enterprises from the perspective of civil and commercial law and maintain the market order.

Civil and commercial law is a legal norm that plays a regulating role in market economic activities. Among all related institutions, only civil and commercial law is the most direct to maintain the credit order. At present, we are in the stage of common development of various economies, among which the market accounts for the largest proportion. The development of the market economy should always adhere to the main position of the market, follow the principle of honesty and trustworthiness, so as to carry out legitimate transactions, in the process of trading should pay attention to credit, must not harm the interests of others, the interests of the country and the public.

Enterprise commercial credit is a branch of credit, which is mainly the credit problem in the field of business. Enterprises are the subject of commercial law, and the content of commercial law is mainly to effectively regulate and constrain the behavior of enterprises. Modern management points out that enterprise credit is the core competitiveness in the market competition. Only by improving enterprise credit can enterprises be in an undefeated position in the fierce market competition. If an enterprise's credit is poor, it will be eliminated by the market in the long run. Practice shows that once the enterprise is found to have a lack of credit, the credit of the enterprise will be affected and gradually eliminated by the market. The lack of commercial credit of an enterprise will not only seriously affect its reputation, but also reduce its economic benefits.

With the rapid development of economy, the number of enterprises in China is increasing year by year, and enterprises will also face fierce market competition, which will bring certain opportunities and challenges to enterprises. In this external environment, in order to occupy a certain market share and improve their economic benefits, enterprises tend to ignore the importance of commercial credit, resulting in the lack of commercial credit, which brings adverse impact on market economic activities.

The rapid development of economy makes the competition among enterprises more and more fierce. Meanwhile, with the acceleration of economic globalization, Chinese enterprises are also facing international competition. This causes enterprises to continuously reduce production costs in order to occupy more markets and obtain higher profits. The reduction of cost means that enterprises will reduce the quality requirements in the selection of raw materials, or even shoddy, cheating consumers. Generally speaking, consumers are the ultimate victims of the lack of business credit. In recent years, the lack of commercial credit in some enterprises often causes direct harm to consumers' physical and mental health.

After the reform, China's economy presents a trend of rapid development, and China's legal system in the economic aspect is constantly improving, but the legal system related to enterprise commercial credit has not yet established a perfect mechanism. The civil procedure law of our country ", "civil law", "contract law" and other relevant law is formulated in 1989 before gradually, with the development of the economy, to constantly improve the system also, but these institutions in terms of regulating the behavior of enterprises is still not perfect, this will lead to some enterprises operators use a loophole in the system, make some opportunistic, leading to enterprise commercial credit loss.

The law always adheres to the principle of fairness and justice, and everyone is equal before the law. Judicial personnel should abide by the fairness and justice of the law and create a favorable external environment for social fairness and justice. In real life, however, our country's judicial credibility is not high, in a judicial ruling, the judge has great decisions, there is a tendency of individualism, plus part of the judge's quality is not high, vulnerable to the lure of money lead to prone to unfair judgment in the process of judgment, resulting in adverse social impact. To achieve the effect of fairness and justice, it is necessary to effectively restrain judges and the rights they use.

It is pointed out clearly in the property law that non-transferred movable property should be publicized to the public and the scope of non-transferred movable property should be gradually increased. However, there are still some problems in China's current property law. There are many kinds of real rights in China, but there are no effective restrictions and provisions on all kinds of real rights in the law, only two or three of which are explained. This does not protect most property rights. Therefore, for the protection of the real right law, we should link the real right of security of chattel with the real right of security of real estate, and establish a unified hierarchy. From the perspective of comparative law, it is necessary to strengthen the protection of the security right of chattel. With the continuous improvement and development of information technology, the problem of chattel guarantee will be further solved.

The contract law clearly stipulates the status of the subject of civil and commercial affairs, and guarantees the legitimate rights and interests of the subject of civil and commercial affairs, but there are still some problems. In practice, as long as there are problems in the contract, even if the agent does not have any fault, it still needs to bear the corresponding responsibility, which causes certain damage to the legitimate rights and interests of the agent. Therefore, it is necessary to strengthen the system construction in this aspect as soon as possible to further protect the legitimate rights and interests of civil and commercial subjects.

If an enterprise wants to achieve sustainable development, it needs to have a certain capital scale. To enhance capital accumulation and expand capital strength requires good business credit. Credit is an important guarantee for the long-term development of an enterprise. Only by ensuring the credit problem can it gain a firm foothold in the fierce market competition. The market should strictly control the access standards of enterprises, and the enterprises with lack of credit or credit problems should be prohibited from entering the market.

Enterprises do not pay much attention to the concept of credit in the process of operation, which is easy to make enterprises lack of credit. There are many factors that lead to the lack of corporate credit, such as the inconsistency of corporate values and the lack of corporate culture. However, many enterprises have not realized that the lack of enterprise credit will bring harm to enterprises. Therefore, a reasonable internal control system should be established within the enterprise to strengthen the credit management of enterprise employees and enhance their credit awareness. For the lack of enterprise credit behavior to take severe punishment measures. At the same time, it is necessary to cultivate the professional ethics of employees, improve the moral level of employees, and minimize the behavior of lack of enterprise credit. Through these measures and means, can further improve the lack of enterprise civil and commercial credit problems, only to strengthen the internal management mechanism of enterprises can improve the level of enterprise credit. In addition, personnel supervision should be strengthened to improve the credit level of enterprises.

As the aggravation of economy, follow the principle of survival of the fittest completely in market economy. For poor credit, poor performance of the enterprise will be gradually eliminated by the market. In the market economy, resources are limited, but the number of enterprises is gradually increasing. The more enterprises there are, the greater the competition they face, and the higher the probability of being eliminated. Therefore, a perfect market withdrawal mechanism should be established in the market economy, so as to enhance the crisis awareness of enterprises and make them realize that poor management and lack of credit will be eliminated from the market, so as to improve the management level of enterprises and attach importance to commercial credit. This measure can also solve the problem of lack of enterprise credit to some extent.

Credit is an indispensable factor in the development of enterprises. In particular, the current market competition is very fierce. If an enterprise wants to improve its core competitiveness, it needs to improve its credit level and establish a good corporate image. Perfect enterprise civil and commercial credit mechanism can create a good external environment for the development of enterprises and provide guarantee for the sustainable development of enterprises.

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