China's civil legal system construction has been upholding the tradition of what

Legal analysis: China's civil legal system construction has been adhering to the tradition of civil and commercial integration, incorporating many commercial legal norms into civil law.

Legal basis: The Chinese People's **** and National Code

Article 125 Civil subjects enjoy equity and other investment rights in accordance with the law.

Article 76 A legal person established for the purpose of obtaining profits and distributing them to shareholders and other contributors is a profit-making legal person.

Profit-making legal persons include limited liability companies, joint-stock companies and other enterprise legal persons.

Article 77 A profit-making legal person is established by registration in accordance with law.

Article 78 A for-profit legal person established in accordance with law shall be issued a business license by the registration authority. The date of issuance of the business license shall be the date of establishment of the profit-making legal person.

Article 79 The establishment of a for-profit legal person shall formulate its articles of association in accordance with law.

Article 80 A profit-making legal person shall have an authority.

The authority shall exercise the power to amend the articles of association, to elect or replace the members of the executive body and the supervisory body, as well as other powers and functions stipulated in the articles of association of the legal person.

Article 81 A for-profit legal person shall have an executive body.

The executive body shall convene a meeting of the authority, decide on the business plan and investment program of the corporation, decide on the setting up of the internal management organization of the corporation, and exercise other powers and functions stipulated in the articles of association of the corporation.

Executive body for the board of directors or executive director, the chairman, executive director or manager in accordance with the provisions of the articles of association of the legal representative; not set up a board of directors or executive director, the articles of association of the corporation's main person in charge of its executive body and legal representative.

Article 82 of the profit-making legal person to set up a supervisory board or supervisors and other supervisory bodies, the supervisory body shall, in accordance with the law, exercise the inspection of the financial affairs of the legal person, supervise the executive body of the members of the executive body, the senior management of the implementation of the duties of the legal person, as well as the articles of association of the legal person of the other powers and functions.

Article 83 A contributor to a for-profit legal person shall not abuse its rights as a contributor to the detriment of the interests of the legal person or other contributors; if the abuse of its rights as a contributor results in losses to the legal person or other contributors, the contributor shall be held liable for such losses in accordance with the law.

Contributors to a profit-making legal person shall not abuse the independent status of the legal person and the limited liability of the contributors to the detriment of the interests of the creditors of the legal person; the abuse of the independent status of the legal person and the limited liability of the contributors, to evade the debts, and to the serious detriment of the interests of the creditors of the legal person, the legal person shall bear joint and several liability for the debts.

Article 84 The controlling contributors, actual controllers, directors, supervisors and senior management of a profit-making legal person shall not make use of their affiliation to jeopardize the interests of the legal person; they shall be held liable for compensation for losses caused by the legal person through the use of their affiliation.

Article 86 In engaging in business activities, a for-profit legal person shall abide by business ethics, safeguard the security of transactions, accept the supervision of the government and society, and assume social responsibility.

Article 580 If one of the parties fails to fulfill a nonpecuniary debt or if the fulfillment of a nonpecuniary debt is not in conformity with the agreement, the other party may request for its fulfillment, except in one of the following cases:

(1) the performance is not possible de jure or de facto;

(2) the object of the debt is not suitable for compulsory fulfillment or the cost of fulfillment is too high;

(3) The creditor has not requested performance within a reasonable period of time.

One of the exceptions stipulated in the preceding paragraph, so that the purpose of the contract can not be achieved, the people's court or arbitration institution may, at the request of the parties to terminate the contractual rights and obligations, but does not affect the assumption of liability for breach of contract.