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Coordination between Compilation of Civil Code and Commercial Legislation
Pages: 106-111
Year: Issue:  3
Journal: Journal of Shenzhen University(Humanities & Social Sciences)

Keyword:  general principles of civil lawcivil codecommercial legislation;
Abstract: Syncretism of civil law and commercial law established in the expert suggestion on general principles of civil law results from the notion of unity which has been popular over the years. But this kind of combination is not a solution to the issue of“merchants’ special needs”both in principles and rule design. What particularly requires commercial law cannot be regulated in civil law in the form of provisos as it is parallel with civil law and they are independent from each other. Considering the fact that civil law and criminal law are overlapped and each has its specific scope of regulation, it would be the best choice to apply civil law in overlapped areas and to single out specific parts to formulate general principles of commercial law.
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