2006 - Commercial Law. Economic Law Volume - (Revised Edition) (Appendix: 2000-2005 Judicial Examination Classification Practice Questions and Answers)

Author: Compiled by the Judicial Examination Research Group
Publisher:
Publish Date: 2006-04-01
Features: This book is the fourth volume of the series, covering the Commercial Law and Economic Law sections. As legal departments or disciplines, Commercial Law and Economic Law have unique characteristics that differ from other legal departments and disciplines. Understanding these characteristics is crucial for mastering this subject and achieving ideal results in the Judicial Examination. Commercial Law is the legal department that regulates commercial trade relationships. In essence, it belongs to private law, with the primary purpose of protecting private rights and interests, and its content provides rules for commercial transactions. Therefore, Commercial Law has a profound logical and intrinsic connection with Civil Law. Many institutions, principles, and spirits of Civil Law have direct applicability to the regulations of Commercial Law. Hence, to study and master Commercial Law, it is essential to have a solid foundation in Civil Law, which is very important. However, Commercial Law is not the same as Civil Law and cannot be simply understood as a special law of Civil Law. In fact, many institutions, principles, and spirits of Commercial Law have gone beyond Civil Law. For instance, branches of Commercial Law such as Negotiable Instruments Law, Insurance Law, Maritime Law, Bankruptcy Law, and Company Law all have strong professionalism, technicality, and clear international and flexible characteristics. Without specialized and in-depth study of these disciplines, it is impossible to truly master and understand Commercial Law.
On the other hand, Economic Law is fundamentally public law rather than private law. It is the legal department responsible for national macroeconomic regulation and market regulation. Therefore, to excel in Economic Law, one should have a solid foundation in Constitutional Law and Administrative Law, i.e., a theoretical foundation in public law. However, since the social relationships regulated by Economic Law are closely related to the rights and interests of civil subjects such as natural persons and legal persons, studying Economic Law also requires a certain foundation in Civil Law. This is a significant feature of Economic Law.
As major subjects in the Judicial Examination, Commercial Law and Economic Law differ from other legal disciplines such as Civil Law, Criminal Law, Administrative Law, and various procedural laws in one obvious way: both Commercial Law and Economic Law consist of several branches or disciplines that are somewhat interconnected but more significantly distinct. For example, Commercial Law is composed of relatively independent legal departments such as Company Law, Partnership Law, Bankruptcy Law, Negotiable Instruments Law, Insurance Law, and Maritime Law. Economic Law, on the other hand, is made up of relatively independent legal departments such as Competition Law, Consumer Rights Protection Law, Product Liability Law, Land Law, Labor Law, Tax Law, and Environmental Law. This requires us to discover their patterns, identify their commonalities, and at the same time grasp their differences, so as to achieve twice the result with half the effort.