Interpretation of education law

1. Introduction to Commercial Law? (a) the concept and characteristics of commercial law? Commercial law, also known as commercial law, is the general name of the legal norms regulating businessmen and their commercial activities in the relationship of market economy. Commercial law can be divided into formal commercial law and substantive commercial law. Formal commercial law refers to the laws formulated by countries where civil and commercial affairs are separated, and it is named "Commercial Code". According to scholars' induction, commercial law can be divided into broad commercial law and narrow commercial law in essence. Commercial law in a broad sense includes international commercial law and domestic commercial law. As for the narrow sense of commercial law, it refers to the private commercial law in commercial law; Generally speaking, commercial law also refers to the narrow sense of commercial law. ? Compared with other legal departments and disciplines, commercial law has the following characteristics: (1) Commercial law is complex. (2) Commercial law is highly technical. (3) Commercial law is obviously profitable. (4) The commercial law is remarkably international. ? (2) The basic principles of commercial law? The basic principles of commercial law refer to some basic legal rules that reflect the basic purpose of a country's commercial law, have universal application significance or judicial guidance significance, and play a leading role in a unified system of commercial law rules. These principles mainly include: (1) strengthening the principle of business organization; (2) Maintaining the principle of transaction security; (3) the principle of promoting quick transactions; (4) the principle of fair trade. ? (2) The concept, characteristics and classification of quotient subject? 1? The concept of business subject? Business subject is also called "businessman" in traditional commercial law. Refers to the natural person and legal person organization that participates in commercial activities, enjoys commercial rights and undertakes corresponding obligations according to the relevant provisions of the Commercial Law. When summarizing the concept of commercial subject, scholars often emphasize the basic characteristics of its subject, and think that "commercial subject refers to the subject to which commercial rights and obligations belong". ? 2? What are the characteristics of business subjects? As the subject of commercial law, businessmen should have some basic requirements and characteristics of civil subjects in civil law, but also have some legal characteristics different from ordinary civil subjects. These legal features are as follows: (1) Commercial subjects must have commercial capacity. (2) The business entity must take profit-making activities as its business content. (3) The special rights and abilities of commercial subjects must be obtained through commercial registration. Finally, the commercial subject must be the party to the commercial legal relationship and the actual undertaker of the rights and obligations in the commercial law. ? 3? Classification of commercial subjects? In the commercial law theory of civil law countries, commercial subjects are usually classified according to different classification standards, which reflects the special control requirements of commercial laws of various countries for different types of commercial subjects. (1) Business individuals, business people and business partners. This is classified according to the organizational characteristics of commercial subjects. (2) legal businessmen and registered businessmen. This is classified according to whether it is necessary to fulfill the corresponding registration requirements to obtain the qualification of commercial subject. (3) big businessmen and small businessmen. This is a classification of commercial law practice in some civil law countries according to whether commercial subjects apply commercial law in a standardized way such as registration, establishment of institutions, management and business activities. (4) Fixed businessmen and fictional businessmen. This is a classification that commercial subjects take business behavior as the standard or enterprise form as the standard. ? (4) The concept, characteristics and classification of business behavior? 1? The concept of business behavior? Commercial behavior, also known as "commercial behavior", is a unique concept in civil and commercial law of continental law system. According to the general understanding of scholars in continental law system, commercial behavior refers to various ideographic behaviors for profit. ? 2? Characteristics of business behavior? Commercial behavior, as a profit-making commercial activity, is only a special civil activity. According to the general understanding of commercial law theory, the legal characteristics of commercial behavior are mainly manifested in the following aspects: (1) Commercial behavior is a specific behavior that commercial subjects engage in for the purpose of making profits. (2) In principle, business behavior should be a kind of business behavior, which shows that the subject has been engaged in profit-making activities of the same nature for at least a period of time, so it is a business behavior or a professional behavior. (3) Commercial behavior is essentially the commercial activity of the subject with commercial behavior ability. ? 3? Classification of business behavior? According to different standards, generalized business behavior can be divided into different theoretical categories, among which the following are more important: (1) bilateral business behavior and unilateral business behavior. This is based on the classification of subjective qualifications of both actors. (2) Absolute quotient behavior and relative quotient behavior. This is a classification based on the standards and conditions of business behavior confirmation. (3) Basic business behavior and subsidiary business behavior. This is classified according to the different functions and status of commercial relations caused by commercial behavior in the same commercial activity. (4) Pure business behavior and presumptive business behavior. This is classified according to the different ways of confirming business behavior by law. ? (5) The concept and characteristics of business registration? 1? The concept of business registration? Commercial registration refers to a series of legal acts in which the parties apply to the competent authority for the establishment, change or termination of the qualification of commercial subject according to law and are approved and registered by the competent authority. Commercial registration is a comprehensive behavior combining the applicant's application for registration with the examination and registration by the competent authority. It is a necessary means and link for the state to implement legal adjustment and macro-control of commercial activities. ? 2? What are the characteristics of business registration? The legal system of commercial registration mainly has the following legal characteristics: (1) The basic purpose of commercial registration is to seek legal confirmation of the establishment, change or termination of commercial subject qualification for participants in commercial activities. (2) Commercial boarding is essentially an act of public law. (3) Business registration is a basic legal act. (4) Commercial registration is an act that the applicant applies to the statutory commercial registration authority for performance in accordance with legal procedures. (5) Commercial registration is an effective means to strengthen the supervision of commercial subjects and protect consumers' rights and interests. ? (6) What is the significance and function of business registration? The commercial registration system is the basis for public power to manage the business activities of profit-making entities, and it is an indispensable link for commercial law to comprehensively adjust social and economic relations. Commercial registration, as the main means for the state to manage the activities of commercial subjects, can not only endow commercial subjects with legal qualifications and protect their legitimate rights and interests, but also help to maintain normal social and economic order and maintain transaction safety. Specifically, commercial registration has the following functions: (1) The implementation of commercial registration is an important prerequisite for the state to make various legal adjustments to the commercial behavior of commercial subjects. (2) Commercial registration is an important means for the state to implement administrative management of commercial subjects. (3) Commercial registration is an important means for commercial law to safeguard the legal status of commercial subjects and protect the legitimate rights and interests of third parties and social public interests. (4) Commercial registration is a necessary form to ensure the normal business activities of commercial subjects according to law. (5) Business registration is the basis for safeguarding the interests of third parties and the public. ? (7) The validity period of business registration? 1? What effect does business registration have on registrants? As for what legal status a commercial enterprise can obtain after registration, and what effect registered items and unregistered items have on a third party, the legislation of various countries is not consistent. According to China's regulations, registration is not only a prerequisite for enterprises and institutions to obtain legal person status, but also a prerequisite for enterprises and institutions that do not have legal person conditions to engage in commercial activities. The law prohibits commercial entities from operating without a license without registration procedures. 2? What impact does business registration have on third parties? On the one hand, commercial registration and announcement can enable the government to realize the functions of adjustment, supervision, control and protection of commerce through commercial registration, so that the other party and the public can understand the business status and business status of commercial subjects through commercial registration, thus ensuring the safety of commercial transactions. The effectiveness of commercial registration is mainly manifested in giving the applicant the subject qualification in commercial law through commercial registration, and it also has certain effect on the third party.

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