Exploration of Commercial Law Theory and Institutional Innovation

Author: Ren Erxin Shi Xuwen
Publisher:
Publish Date: 2005-08-01
Features: The new book Exploration of Business Law Theory and System Innovation by Ren Erxin and Shi Xuwen from the Gansu University of Political Science and Law is about to be published. I am very pleased to write a few words for it, serving as its preface. Comrade Ren Erxin is one of the emerging young scholars in China's business law field. In recent years, he has dedicated himself to researching cutting-edge issues in business law, proposing some insightful academic viewpoints. Exploration of Business Law Theory and System Innovation focuses on his achievements in this regard. The book covers the semantics, nature, and functions of business law; legislation for merchants; corporate systems; business legal person systems; company capital systems; partnership legal systems; business conduct systems; commercial registration systems; and the selection of commercial legislative models. It includes both theoretical explorations of the value and essence of business law and a thorough focus on the practical aspects of commercial activities during China's social transformation period. Although the book's structure is not entirely perfect and some sections still require further depth in their discussions, overall, it remains a substantial academic work. It is worth mentioning that the authors' exploration of contemporary China's choice of commercial legislative models and the framework of the General Principles of Commercial Law addresses cutting-edge issues with positive significance for improving China's commercial legislation.
The practice of China's commercial legislation currently involves no commercial code and no plans for its compilation, only individual commercial laws. In this legislative model, improving business law undoubtedly requires refining existing individual commercial laws. However, when observing the interaction between legislation and practice, one realizes that merely improving existing laws tailored to different commercial fields is insufficient to achieve the goal of perfecting business law. In other words, China's business law should not consist solely of commercial laws with specific domain characteristics but should also include commercial laws with general regulatory features. The latter is currently a major gap in China's commercial legislation. Thus, a General Principles of Commercial Law that transcends the dichotomy of civil and commercial unification or separation has become a focal point of attention in the field of business law. The purpose of discussing the General Principles of Commercial Law is to address how to recognize this significant gap and how to fill it. Clearly, solving the framework of the General Principles of Commercial Law and related theoretical issues requires practical and effective theoretical solutions.
With a keen perspective, the authors, drawing on existing research, provide a relatively in-depth theoretical argument for the choice of commercial legislative models. They then propose their own views on the overall approach and systematic structure of the General Principles of Commercial Law, demonstrating innovative thinking, which is commendable. I take this opportunity to sincerely wish the authors greater success on their long academic journey. I also wish for more young talents to emerge in China's business law field—only they are the hope of our future endeavors. And I sincerely wish for the flourishing of China's legal academic research!