The difference between commercial disputes and civil disputes

First, there are some differences in subject between civil activities and commercial activities. Civil law is mainly to adjust the relationship between citizens, so all citizens may become the main body of civil legal relations. But commercial law is not, it is to adjust the norms between citizens as businessmen or between citizens and companies. Therefore, not all citizens can become the subject of commercial law relations. This means that commercial cases and traditional civil cases may face different parties.

Second, there are some differences between commercial activities and civil activities in terms of objects. The object of commercial law adjustment is obviously different from that of civil law adjustment. Specifically, the former mainly regulates trade activities such as buying and selling relations, and the object of rights and obligations is generally commodities, while the latter refers to all acts or activities involving personal relations, property relations, rights or other interests, that is to say, commercial cases are disputes of different nature from traditional civil cases.

Third, the scope of adjustment of commercial law and civil law is different. The adjustment scope of commercial law is complex and diverse, usually including special commercial fields such as companies, bills, insurance, bankruptcy, etc., and each field has its own strong particularity and technicality, and the ways and methods of adjustment are quite different, while civil law basically focuses on personal relations and general non-personal property relations. Therefore, different laws should be applied to commercial cases and traditional civil cases to adapt to the particularity and technicality of different fields.

Fourth, civil law comes from general social production and life, and has a deep-rooted origin, while commercial law comes from multi-terminal, constantly occurring or updated commercial activities. Therefore, compared with civil law, commercial law is unstable and changeable. On the contrary, civil law must maintain a certain degree of stability, otherwise it will lead to a certain impact on legal security. This means that commercial cases and traditional civil cases have different interpretation methods and different judgment standards when applying laws.

Fifth, judges have different basic purposes and protection consciousness in trying civil and commercial cases. Unlike civil law, which focuses on protecting the general interests of the public, commercial law focuses on protecting the interests of commercial subjects, that is, commercial behavior with legal system norms as its profit motive. With the rapid development of the market, the speed and security of transactions are the necessary conditions for commercial subjects to achieve profit-making purposes, so the basic purpose of commercial trials is to ensure the speed and security of transactions. However, the trial of traditional civil cases should pay more attention to substantive significance, show sympathy and care for the weak, and promote social stability and harmony. Therefore, the most basic value orientation of civil law is fairness, that is, justice takes precedence over interests and others; The most basic value orientation of commercial law is benefit, that is, benefit takes precedence over equity and others.

Sixth, judges have different trial consciousness. In the practice of civil trial, we should adhere to the trial consciousness of the unity of legal effect and social effect. Therefore, we should pay special attention to the combination of rationality and civil trial, the combination of customs and habits and civil trial, and balance the interests of the parties fairly. In the trial of commercial cases, we should pay attention to protecting the freedom of commercial contracts, paying attention to the profit-making characteristics of commercial subjects and commercial behaviors, paying attention to and ensuring the technical norms of fast and safe transactions, and paying attention to maintaining the stability of enterprises and the application of policies and administrative regulations.

Seventh, the parties to civil and commercial cases have different acceptance conditions for mediation.

There is no single motive to influence the parties' willingness to settle disputes through mediation. In traditional civil disputes, the parties' willingness to mediate is mostly based on the pursuit of "harmonious relationship", while in commercial cases, the parties accept mediation and consider more the comparison of litigation costs and litigation benefits. In traditional civil cases, such as marriage and family cases, tort damages and other cases, the parties are more mixed with their own emotions, have their own feelings and reasons, and want to discuss. Therefore, it can satisfy the parties, give them a certain statement, let them get spiritual satisfaction, and restore the destroyed harmonious relationship. The parties often don't care too much about economic interests. In commercial cases, the parties have strong litigation ability and a strong sense of identity with the litigation judgment that pursues procedural justice. However, considering the basic costs and benefits of litigants, he will also agree to mediation by the court. The parties often consider how to save litigation time, how to save litigation fees and the cost of hiring lawyers, and how to ensure the realization of the rights confirmed by the court and other practical issues linked to economic interests.