How does the Civil Code Process the Civil and Commercial Relations According to the Insurance Law
How does the Civil Code Process the Civil and Commercial Relations According to the Insurance Law作者机构：Ph.D. Candidate of College of Comparative Law China University of Political Science and Law Beijing China
出 版 物：《International English Education Research》 (国际英语教育研究（英文版）)
年 卷 期：2015年第12期
页 面：68-73页
学科分类：0301[法学-法学] 03[法学] 030105[法学-民商法学(含：劳动法学、社会保障法学)] 07[理学] 070601[理学-气象学] 0706[理学-大气科学]
主 题：The civil code unification of civil and commercial law division of civil and commercial law commercial custom
摘 要：The relationship between the civil law and commercial law is a long-standing issue of controversy in the area of private law, and it is also an issue of unavoidably legislative selection during the codification the civil code in almost every country. Since the founding of the People Republic of China, China has carried out the codification of civil code for four times, and since the part^s eighteen plenary session officially proposed the ＇codification of civil code＇, the issue of the civil and conmaercial relation draws the attention again, either unification or division of civil and commercial law directly affects the system and content of the civil code, and affects how to process the relationship between the civil law and commercial law during the codification of the civil code as well. The codification of the civil code should not only consider the legislative tradition of the civil and commercial legislation and the current legal system, but also pursue characteristics of the commercial law, in a system of combining civil and commercial law, through adding commercial law into the general principle of civil law; the existing commercial law should be separately retained.
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