Relations of Commercial Law and Economic Law
May 24, 2023 10:59 Source: "China Social Sciences" May 24, 2023 Total 2656 Author: Yan Ke

 bet365 Play online games

Now,Domestic consumption strong recovery,The industrial economy continues to rebound,Accelerated heating of international trade。Commercial Law and Economic Law need to re -examine their respective value presets、Normal function and practical effect。Look at it in the short term,indirectness of business law、Passive、An arbitrary feature makes it showing function fatigue and weakness when the economic recovery。On the contrary,Economic Law because of its directability、guidance function、Development Law to promote legal attributes and national intervention core characteristics and obtain the advantages of the trend of time。but,Standing at the leading head to guide the economy or the promotion of the economy in the rear can not characterize the essential differences and advantages and disadvantages of the second law,It's just a kind of fast and slow rhythm、Time of time、In -the -point table,The commonality of the two is greater than personality,Coordinated technique will be better than the road of separation。

  The short -term weakness of the business law and the continuous strength of the economic law

Due to the private law attributes of traditional business law,Its adjustment of economic relations shows the passiveness of ignorance and post -time disposal、Oppirection to the country's direct intervention of the economy、Adopt the negativeness of the free attitude、Non -murmical, etc., mainly based on arbitrary specifications,This is fast and efficient for the current acceleration of economic and social acceleration、Direct intervention、Guide effect、Active legal adjustment function is contrary to。Of course,Commercial Law For the needs of businessmen、Give full play to market resource Bet365 app download allocation functions、Stimulating market vitality has positive effects,But under its profit concept,But deeply imprinted the limitations of the customary method、The weakness of the theoretical foundation、The complexity of your own system,Its core is still meaning autonomy、Right protection、Personal benefits。The value orientation of the social standard is only an external constraint and formal requirements。The commercial main system and commercial behavior system of the business of business law determines that the business law can only make limited adjustments in the market economy micro -field,Lack of character with a field of vision,It makes it impossible for commercial law to really surpass the category of civil law,Unable to rely on formalism、External restrictions and forcibly regulate social governance requirements。

When capitalism enters the stage of social development,Social division of labor and collaboration is becoming more and more detailed,The power of the market is becoming more and more solitary、Do not follow the heart,Social standard consciousness and public interest demand is becoming stronger,Country、The government has gradually penetrated into the economy and runs all over the time,Show public and private blending、Policy prevails and even the government -led stereo dynamic map,It is the economic law that happened at this time。Strong demand for accelerating recovery at the moment,Difficulties in the operation of SMEs to varying degrees、Weak consumption、The differentiation of the rich and poor、A series of problems such as imbalance in regional development,Can't completely rely on the function of business law to solve it。The state needs to be able to directly regulate and guide economic and social development in the law that needs to be able to "stand in the first leader of economic development".,to accelerate the process of economic Bet365 app download revitalization。This heavy responsibility naturally falls on the economic law。Only economic law can leave the boundary of autonomy and national governance,Treatment of economic relations with public and private integration。

"Free Launch -Market failure -state intervention" is the classic logic theory of the origin of economic law。In this chain,State intervention should be the theoretical basis of economic law,Market failure can only be regarded as one of the important causes,What really should pay attention to is that the state can play economic management functions、Actively participate in economic governance,To achieve a certain national economic governance goal。This goal may be a monopoly caused by market failure、Industry support、Information asymmetry and other phenomena,It may also be the government’s policy implementation、Industry support、Economic Stimulation, etc.。Different countries have different economic law backgrounds,In China,Economic Law does not originate from market failure,It does not originate from government failure,Instead, it occurs in the reform of the economic system and open to the outside world,It is a product that responds to and serves the needs of national economic functions.。Therefore,Look at the Economic Law from the historical background,The core of the state intervention must be seized,It is necessary to follow the main line of achieving national economic governance goals and give play to the national economic function,Therefore, the logical chain is introduced from economic law to economic law utility,that is, the positive role of economic law on market economy operation and national economic development。

Powerful adjustment method、Unique adjustment relationship、Adjust the target of the trend,It determines that the economic law has a unique advantage from the date of generation,and will continue to be Bet365 app download strong。If you focus on the revitalization and recovery of the current economy,Economic Law should take more tasks,Give play to stronger efficiency。In terms of domestic economic law research,Each discussion boom must be reforming with major national economic system、major economic events or major strategic adjustments into historical background and motivation,Economic Law not only uses the "intervention method" as the core attribute,It also has the character of "response method" and the characteristics of "problem orientation"。It can be said,The basic experience of economic law is aimed at reality needs、High response practice。So,Facing a strong economic recovery needs,Of course, the economic law must give full play to its own advantages,Guided by new problems appearing in the market economy,Camera response to the new situation and new situation,Answer a new topic of national economic governance practice and social public interest,The formulation of laws and regulations of various economic fields contains、Modify、Implement,To better promote and guarantee national macro -control and market regulations。

  In the new era, the relationship between the business classics that need to be coordinated

As mentioned earlier,The Second Law of Commercial Classics faces different situations and tasks,Show different characteristics and direction。Commercial Law will have temporary inefficient weakness,Economic Law needs to carry the heavy responsibility of relieving rescue and promotion,This reflects the difference between the relationship between the business relationship from one side。but,This difference is just temporary、One -sided,Cooperation and mutual promotion is a long -lasting、mainstream。

First,The adjustment mode of the legal relationship between the main body of the business of the commercial law represents the deep cultural heritage bet365 live casino games and habit of a country and society,It is the basis for the general public to pursue property benefits and transaction security after generalization of the concept of businessmen,No matter what the huge changes in the economy and society,The inherent forms of this business law will still show strong toughness,Stubborn survival in possible economic changes and social progress。my country's "Company Law" and "Bankruptcy Law", although it started late、Slow revision,But the applicable surface is wide、Strong practical。The strength of the economic law rules can only appear due to the situation,After the national intervention,Still relying on the basic commercial legal relationship between private entities to specifically land control measures、Maintain regulatory requirements。Economic Law on ensuring macro -control measures to stimulate the economy、The goal of promoting development can only be used for a moment or for one thing,But the business law is committed to building the economic rationality and maintenance of the long -term freedom of the market entity、Equality and benefits。

Second,The same social relationship is due to different legal needs,Requires different legal departments to adjust separately,Different legal departments show different basis when adjusting a social relationship、purpose and principles,Social relationships that make the object of legal adjustment are adjusted by the law,This is an effective way to respond to and serve economic and social development。When the company is facing difficulties,Need to reconcile the "Bankruptcy Law"、Reorganization system to ease contradictions、Win Space,also requires finance and tax、Finance、Market Management and other economic law gives favorable adjustments。Economic Law itself transcended traditional public and private two points、Legal departments that are applicable bet365 best casino games to global applications with comprehensive system regulation,And the business law shows a mixed system and the rules trend of public legalization during the evolution,stage,Adjustment of economic relations does not need to correspond to the two laws of business classics,should be based on different goals、Requirements、stage、Scene,Cooperative Governance、Comprehensive applicable。

third,Commercial Law to meet the profitability of all equal commercial entities under the conditions of market economy through the value -priority orientation,The Economic Law realizes the same value pursuit through the coordination of public power and private rights,The second method of the business classics has a common casting goal。Facing economic recession、Industrial impact、Weak consumption、Differential problems such as differentiation,Promoting the economy、Active Market、Increasing benefits is an important governance goal in various countries,This is also in line with the value target of the two laws of Shangjing。Article 1 of the Company Law made two points for legislative purpose,Standardize company behavior、Protective subject equity, of course, conforms to the value preset of the theory of traditional business law,But maintaining economic order、Promoting economic development is also an important regulatory purpose,This is the same as the legislative purpose of economic law such as the Price Law, "Anti -Monopoly Law", and "Budget Algue"。

Fourth,Now,Economy needs boost,Market vitality needs to be excited urgently,Small and medium -sized commercial subjects need more economic support、Policy discount。In this process,The provisions of budget preparation and adjustment in the "Budget Law" and related regulations,"Corporate Income Tax Law" and related collection methods on the collection of or delay taxation,Regulations on adjusting interest rates bet365 Play online games in financial laws and regulations,It really needs to be placed in the best position。But at the same time,It must take into account the resolution of disputes at the micro -level and coordination of interests,This is particularly critical for the resignation of SMEs。SMEs may face capital capital during business development、Decision、Finance、Management and other questions,Need to apply in time in the "Company Law" about corporate governance、Capital System、Rules in shareholders' rights,Standardized organizational behavior,Maintain the interests of the subject。

 (Author Unit: Head of Agricultural Bank of China)

Editor in charge: Chen Jing
QR code icon 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games

Friendship link:

Website filing number: Jinggong.com Anmi 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website Contact information: 010-85886809 Address: 11-12, Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026