1, definition

Commercial law is the general name of legal norms to adjust commercial relations between equal subjects. Commercial law is a departmental law that is juxtaposed with civil law and complements each other. Commercial law has the profit-making characteristics of adjusting behavior, and also has the principle of strict legitimacy of commercial subjects.

Economic law is a legal department that comprehensively, systematically, comprehensively and comprehensively adjusts the socialist commodity economic relations. At this stage, we mainly adjust the economic management relations and a certain range of commercial coordination relations in the process of social production and reproduction, with various organizations as the basic subjects.

2. Content

Commercial law mainly includes company law, insurance law, partnership enterprise law, maritime law, bankruptcy law, bill law and so on.

Economic law is the general name of economic legal norms, economic law is the general name of legal norms regulating economic relations, and economic law regulates a certain range of economic relations.

3. Characteristics

General principles of commercial law are the objective requirement and legal reflection of market economy. Modern commercial law has four basic principles.

As an independent new legal department, economic law has many characteristics compared with the traditional adjacent legal departments.

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The relationship between commercial law and economic law is controversial. However, in continental France and common law countries, in countries with commercial codes and countries without commercial codes, the focus of foreign and domestic debates is different.

Generally speaking, in foreign countries, the relationship between economic law and other laws is mainly with commercial law. In China, the contradiction between commercial law and economic law is not very prominent. Because western countries have a relatively complete commercial legal system, society is a typical commercial society, and everything has long been commercialized.

Even in countries with civil codes, the contradiction between civil and commercial laws is weakened by the commercialization of civil laws. As a new legal system, economic law should break through the division of the old legal departments and recombine the principles derived from the classical commercial law norms into a new whole. In this way, the contradiction between economic law and commercial law in western society is more prominent.

Extended data:

Characteristics of economic law:

First, the economic law is the law that the state intervenes in the economy.

The emergence of economic law is the inevitable result of state intervention in the economy. It always focuses on guiding all kinds of economic entities to carry out economic activities according to law, ensuring the correct establishment and orderly progress of economic relations, thus forming an economic environment and economic order for the sustainable development of the national economy.

Second, economic law is a social responsibility-based law.

Compared with civil law and administrative law, economic law has its own leading idea in adjusting the relationship between society as a whole and individuals. Economic law is a "social responsibility-based law" and is based on social interests. Whether it is a state organ, a social organization or an individual, they must be responsible to the society and handle and coordinate their relations on this basis.

Three, the economic law is the law of developed commodity economy.

Only when the commodity economy becomes the dominant part of society will the economic law come into being and develop with the development of productive forces, so the economic law is the product of highly developed commodity economy.

Four, the economic law is a law for the purpose of economy.

Economic law always adjusts economic relations, the purpose of which is to make the overall social economy develop continuously and steadily, improve the level of social productivity, and even intentionally make local interests or individual interests suffer losses in this adjustment process.

V. Economic law is a comprehensive adjustment method.

The economic relationship adjusted by economic law is vertical, but it will have obvious influence on horizontal economic relationship; The measures taken are punitive, compensatory, encouraging, prohibitive and restrictive, which embodies the obvious comprehensive adjustment characteristics.

References:

Baidu Encyclopedia-Commercial Law

References:

Baidu encyclopedia-economic law