What are the earliest commercial legislation made in the late Qing Dynasty?

First, the earliest commercial legislation promulgated in the late Qing Dynasty was the General Rules for Merchants and the Company Law.

The General Rules for Merchants and the Company Law are part of the Commercial Law of the Qing Dynasty, the first independent commercial law in the history of China, and the earliest new law promulgated in the legal reform in the late Qing Dynasty. It was formulated in accordance with the principle of "example power" in order to meet the needs of the times without precedent and experience.

1903, the Qing government ordered Zaizhen and Wu to draft a commercial law. It was in the year of 65438+ February, and it was named "Commercial Law of Qing Dynasty" after drafting. Among them, Article 9 of General Principles of Commerce and Article 13 1 of Company Law reflect the imitation of foreign commercial codes in style and content.

As the earliest commercial legislation in modern China, the commercial law in the late Qing Dynasty occupies an important position in the modern legal history. Due to the rush of time, immature legislative technology, defects in commercial laws and regulations, and some of them were drafts, which died with the collapse of the Qing government. However, this legislative activity initially established a commercial legal system in China, leaving valuable legislative experience for future generations. Studying the commercial legislation in the late Qing Dynasty and analyzing its gains and losses can provide useful reference for China's current commercial legislation, especially the transplantation of commercial laws.

Two. General rules of businessmen and company law

1, general rules for merchants

The General Rules for Businessmen mainly stipulates the meaning, business ability, trade name and business account books of a businessman. This commercial law confirms that commercial activities are for profit in a legal form and confirms the legal status of businessmen. Although the specific provisions of the General Rules for Merchants are not as detailed as the first part of the Japanese Commercial Code, some similarities can still be found. The relevant contents of the General Rules for Merchants are similar to those of the Japanese Commercial Code.

2. Company Law

The provisions of the Company Law are more detailed, which specifically stipulate the organizational form of the company, the reporting method of establishment, the management method and the rights of shareholders. It divides companies into four types: joint venture companies, joint venture limited companies, joint-stock companies and joint-stock companies, which are also the types of companies usually stipulated in the commercial codes of modern civil law countries. Judging from the provisions of the Company Law, it mainly inherits foreign company legislation.

Because it is mainly to translate and copy foreign laws and regulations, there are also many vague provisions in the company law. At the same time, the company law rarely regulates and protects the traditional business practices in China, which makes it difficult for local businessmen to cooperate effectively. The economic legislation initiated by the Qing government is too portable to be successfully implanted into China society.