Civil and Commercial Law Research (Issue 6)

Author: Wang Liming
Publisher:
Publish Date: 2004-06-01
Features: At the beginning of the new century, China successfully joined the World Trade Organization (WTO), which was a major event in our economic and social lives. It not only meant that our country's economy and multiple fields would more comprehensively open up to the outside world and integrate into the wave of global economic integration, but it would also inevitably have an extremely profound impact on our rule of law construction. In the long run, joining the World Trade Organization provided the greatest opportunity for China's rule of law construction to greatly promote the establishment and improvement of our socialist market economy legal system. In terms of the basic law for regulating market economy relations—civil law—the challenges brought by joining the World Trade Organization were even more unprecedented. On one hand, after joining the World Trade Organization, our economy will further integrate into the globalized economy, which determines that the current civil and commercial legal system for regulating transaction activities must align with international common rules. It is necessary to widely learn from the advanced legislative experiences of the common law and civil law systems, allowing our civil and commercial legal system to make significant strides in the path of modernization. On the other hand, after joining the World Trade Organization, our country must open up corresponding domestic markets. Previously, some fields regulated by the government through administrative means will become markets where both domestic and foreign capital can participate equally and compete freely. The scope of the market will continue to expand, and transaction activities will also become highly complex. At this time, only by using well-established civil law rules that reflect the principle of autonomy can we more effectively regulate market economy life and adapt to the objective needs of China's future economic and social development. Most of the content of this book is the author's papers written during the process of participating in the drafting of the Civil Code, in which he thoughtfully considered and researched the system of the Civil Code and some major and difficult issues within it. Some articles have been publicly published, while others have not yet been publicly published.