Comparative Study of Company Law

Author: Liu Zongsheng Zhang Yongzhi
Publisher:
Publish Date: 2004-11-01
Features: Comparative civil and commercial law is not a legal system or department of law, but usually refers to the comparative study of civil and commercial law in different countries or regions, also known as comparative civil and commercial jurisprudence, which is an important branch of comparative law. In the history of comparative law, the comparative study of civil and commercial law was the pioneer and mainstream of the rise of comparative law. Since the 19th century, comparative law has become particularly popular in fields such as civil law and commercial law. After the end of World War II, although comparative law has made significant development and its research scope has been continuously expanding, the comparative study of private law still holds the dominant position. The representative International Encyclopaedia of Comparative Law is primarily focused on civil and commercial law. Comparative civil and commercial law carries out comparative studies on civil and commercial law in all-round and multi-dimensional ways. Its comparative methods include general comparison and sectoral comparison, macro-comparison and micro-comparison, horizontal comparison and vertical comparison, content comparison and form comparison, and so on. However, among all the comparative methods, there are essentially only two that are truly methodologically meaningful, namely the "descriptive comparative" and "analytical comparative" methods. "Private law is the foundation of all laws; to govern public law, one must first govern private law." Based on the status of private law (i.e., civil and commercial law) in the legal systems of countries around the world, conducting comparative studies on civil and commercial law holds significant importance. Currently, China is actively researching and formulating a civil code, which requires boldly borrowing and transplanting advanced legal rules and legislative techniques from developed countries and regions in regulating market economy legislation. This must be based on and preceded by comparative studies of civil and commercial law. Comparison enables discrimination, allowing for the selection of the best. In judicial practice, whether applying private law or public law, legal practitioners also need to broaden their horizons, familiarize themselves with the basic provisions and doctrines of civil and commercial law in some major countries and regions, and grasp the intrinsic connections between different legal departments. This enables a higher-level understanding of the spirit of the law and continuous improvement of law enforcement and judicial standards. For legal education and research, conducting civil and commercial law studies holds even greater significance. Comparative civil and commercial law provides fresh information for faculty and students in law schools and researchers, helping them understand and respect the unique civil and commercial legal cultures of other countries. This, in turn, enhances their understanding of their own country's laws, refines their knowledge structure, improves their research level, and provides more scientific and reliable theoretical guidance for the development of their national legal system. Currently, China has made certain progress in comparative studies of civil and commercial law, publishing several works on comparative civil law, and some universities have even offered courses on comparative civil law. However, overall, the comparative study of civil and commercial law remains insufficiently comprehensive and in-depth, and there is no series of works on comparative civil and commercial law, which is disproportionate to the research on civil and commercial law within the country. To address this, we have compiled this series of comparative civil and commercial law books, aiming to promote further development in the construction of the legal system and academic research. This series includes: Comparative Study of General Principles of Civil Law, Comparative Study of Property Law, Comparative Study of Tort Law, Comparative Study of Contract Law, Comparative Study of Family Law, Comparative Study of Inheritance Law, Comparative Study of Intellectual Property Law, Comparative Study of Company Law, Comparative Study of Negotiable Instruments Law, Comparative Study of Securities Law, Comparative Study of Bankruptcy Law, and Comparative Study of Maritime Law. The authors of this series come from institutions such as the People's Public Security University, Renmin University of China, the University of International Business and Economics, Zhongnan University of Economics and Law, Xiamen University, the Legal Affairs Commission of the National People's Congress, and the China Securities Regulatory Commission. They include both experts and professors from the academic community and legal practitioners from relevant departments. They are all young scholars, most of whom hold doctorates, with solid theoretical foundations and deep academic expertise. They are agile in thought, proactive, and have long been active at the forefront of academic research in relevant fields, while also being familiar with practical operations. This has laid a solid foundation for ensuring the quality of the series.