What is the content of the first formal commercial law in China?

Since the Warring States, Qin and Han Dynasties, China has been a "combination of law" in the feudal society for more than 2,000 years, and there is no special commercial law. At the beginning of the 20th century, in order to maintain its rule, the Qing government adopted a series of policies aimed at rewarding industry and commerce. Guangxu thirty years (1904) promulgated. The Commercial Law compiled by the Ministry of Commerce is the first formal commercial law in China.

Commercial law consists of general principles of merchants and company law. Article ***9 of the General Rules for Merchants specifies the identity and commercial power of businessmen in detail. Article 13 1 of the Company Law is divided into sections 1 1. The organizational form, establishment method and management method of trading company are specified in detail.

There are few precedents in the compilation of commercial law in old China, so it is basically a plagiarism from foreign countries (mainly Germany, Japan and other countries), and its style also belongs to the German legal system (for example, the company law is stipulated as an independent chapter in the commercial code). Therefore, although this commercial law is a special commercial law formulated by the feudal rulers of the Qing Dynasty, it has a very strong capitalist color.

Fundamentally speaking, the purpose of the Qing government's commercial law is of course to control the growing national industry and commerce and the national bourgeoisie, further broaden the sources of profits and get rid of the increasingly serious financial crisis. At the same time, we should also see that the formulation of commercial law itself conforms to the historical trend at that time, so it has certain positive significance. First, it helps to change the traditional cheap business atmosphere and affirm the social status of businessmen in legal form; Secondly, it provides a certain legal guarantee for the business activities and rights of businessmen, and provides a certain legal basis for solving commercial litigation. Third, the promulgation of commercial law and other policies to encourage industry and commerce complement each other, which has promoted the development of national capitalist industry and commerce to a certain extent.

At the beginning of the 20th century, in a short period of time, the Qing government changed from the traditional policy of attaching importance to agriculture and restraining business to the formulation of commercial law, persuaded the Chamber of Commerce to encourage industrial and commercial enterprises, reformed the outdated pattern, and tried to make some adjustments, resulting in the special law of commercial law. Although this is a reflection that came too late, it also reflects the objective process of history from one side, which deserves our attention and in-depth study.