Independence of International Commercial Law Discussion

Abstract: Over the years, International Business Law International Economic Law in the paper to be inclusive "target =" _blank "> Private International Law or the Law of the disciplinary system, is the property of their understanding of international commercial Law is not enough to determine the error caused. In fact, Since the Development of new scientific and technoLogical revolution, International Trade and the rapid increase in the formation of the pattern of world Economic integration, this time, international commercial law or international private law from the International Economic Law in the separation, the continuous Development of an independent international commercial trade adjustment was response to the demands of reality, in theory, the adjustment of international commercial law has its own object, adjustment method, basic principles, can the blame as a separate legal department at the same time, international commercial law from the origin, Development and fundamental purposes, it became an independent subject, is Logical, has its legitimacy base.

Keywords:: real demands, adjusting the object, adjustment method, the fundamental purpose.

First, the independence of international commercial law demands of reality --- the response.

Mr. Wu Jingxiong in its <<legal three of>> the article pointed out: each a special law has three degrees, namely the time, space degrees, the fact that degree. Here is the fact that the degree means all laws are the facts as related in Logically, what is the law on this matter? asked, "What is the law" the question is meaningless, every law must have control of events, or a class of circumstances [1]. In fact, Miss Mr.'s degree is the fact that from a methodoLogical point of view, give us a study guide the path of legal problems that explore issues of law must respond to the demands of reality, reality-based kind of context to state law to be multi-dimensional considerations and Interpretation. Therefore, I believe that the independence of international commercial law in the demonstration �� the legal issues, the need to examine the dimensions from the fact that their independence demands of reality. Accordingly, the following facts from three dimensions to be launched on this issue Analysis:
First, the Development of new technoLogical revolution, the rapid Development of International Trade, international commercial activities, frequent, which calls for an independent to regulate the legal business activities. Since the 18th century industrial revolution, the advances of science and technology, social productivity by rapid development, commercial activities between countries occur frequently, International Trade continued to increase, according to statistics: the Second World War, the rapid development of International Trade, International Trade in 1950 was only 60.7 billion U.S. dollars, to the total world merchandise trade in 2000 of 70,000 billion and the current scale of international trade continues to expand [2], with the commercial exchanges between countries and the increasing extent of close cooperation, making the country from a single country gradually into the world of commercial areas the commercial area, so obviously bound to break some of the original regional, closed areas of commercial law and regulations (in fact, the early 11th century, the Mediterranean countries of the region's business community in order to safeguard their own interests, that has begun to formulate some Statute, the so-called business methods, business law is that business people engaged in commercial activities, practice, practice this habit is only popular in the beginning of certain regions and industries, along with the continuous development of international business, and its impact continuous development, some developed to the worldwide movement has been an urgent need to produce a unified market in the world can be applied within the Commercial Law and regulations. Thus, given the rapid development of international trade, international commercial activities the frequent occurrence in the birth of an objectively necessary requirement to the field in the international business community to adjust the principal of equality in a variety of international commercial activities of the unified entity of international legal norms, which we call the International Business Law.

Second, Economic globalization, the formation of world trade market for international commercial law to provide a fundamental driving force independent of support. Economic globalization as the most important part of the globalization process, is the world's deep background and fundamental development trend. accelerated development of Economic globalization, has led the world between countries within the scope of commercial transactions unprecedented frequent and active. engaged in international commercial activities, business people urgently want to engage in domestic business as the same one in the world set of uniform rules to get rid of the Civil and Commercial Law by the application of different countries and the barriers created by the international commercial law [3]. because of the different rules of law for a will not only increase the uncertainty in international commercial transactions, so the lack of business in the transaction predictability and security, but also greatly increase transaction costs and result in significantly lower efficiency, which is first, second, due to the inherent inherent business expansion, identity and global and international the development of commercial relations, requiring countries to reduce or eliminate the discrepancy between commercial law and avoid legal conflicts, to facilitate the conduct of transactions required, which calls for a unified set of international commercial legal system [4]. Therefore, it can be said that the economy globalization, and promote the formation of the world trade market, the objective for the independence of international commercial law, building a unique system of adjustment of international commercial law to provide the inner areas of the power of support.

Third, the current number of international commercial treaties, international commercial organizations, the existence of international commercial practice, the law of international commercial law became an independent department to provide technical support and assurance. To promote the convergence of international commercial law area, to achieve the harmonization of laws to reduce the international commercial trade barriers, resulting in a number of international commercial treaties, important treaties in this area include: 1913 <"Unifying Salvage Convention on Certain Rules of Law>>, 1913 <" Unifying Collision Convention on Certain Rules of Law>> etc., 1930 <"Unifying checks Convention on the Law>> <" Unifying Convention on the Law Bills of Exchange and Promissory Notes>>, 1946 <<General Agreement on Tariffs and Trade> "1978 year <<United Nations Convention on the Carriage of Goods by Sea>> , 1980 <<United Nations Convention on Contracts for the International Sale of Goods>> and other conventions. These international commercial treaties on the one hand to adjust the current international commercial activities play an important role, and accumulated a lot of experience in international commercial law for the uniform legislation to provide strong technical support of independence, on the other hand, a series designed to promote "commercial integration" of international commercial organizations exist, such as the International Maritime Committee, the International Law Association, the International Chamber of Commerce, International Commercial Arbitration Court of International Commercial Arbitration Commission United Nations Commission on International Trade Law, WTO, etc., these organizations exist for the international harmonization of commercial law, independent of the resources to provide effective protection. At the same time, there was a large number of international commercial customs judicial application, and its the field of international commercial activities, the unique normative role, making it an important international commercial law legal resources, and international commercial law or international private law from the separation of international Economic Law to provide unique value and significance.

Second, the independence of international commercial law department of law --- is in a unique legal property.

The law of human society, especially in the modern Civilized society a common phenomenon, it more or less reflects the inherent regularity of human society. According to the natural law school's point of view, the law itself will come from the natural product of nature, and thus humanity as a whole in terms of the law is a certain commonality. But, the legal system's conceptual arrangement is artificial, is a different phenomenon of jurists on the legal interpretation made by the people, the jurists from philosophy, social, different Economic and historical premise, the law may make different arrangements, resulting in a different division of the legal department of the results of [5]. From the jurisprudence, the legal standards to determine whether a class as a whole constitute a legal department, need to investigate whether such laws and regulations and adjust their methods to adjust the object [6]. However, I believe, in addition to adjust the object, the two major areas of adjustment methods, the basic principle is also a category can not be ignored. Can international commercial law from the International Economic Law, private international law as a separate independent legal sector law, to achieve its independence, the key to see whether it has independent adjustment of the object, adjust the method and the basic principles.

Through the adjustment of international commercial law object inspection, adjustment method and basic principles, we can draw a division of International Commercial Law should meet the basic properties of the conclusion that international commercial law as an independent discipline consistent with the legal department and legal subjects by law.

First, international commercial law has its own independent adjustment of the object --- International Business Relations (private commercial relationship between the multinational and transnational business entities relationships. An international commercial law, domestic law scholars translated into modern business, new business customary law, international law, International Trade Law and so on. It refers to the adjustment between equal subjects of international commercial organizations, international commercial transactions and relationships of the legal norms of the sum of [7]. to adjust the object as a commercial relationship, determines the nature of private law of international commercial law, in order to International Commercial Law and International Law to be distinguished. Of course, here on a business relationship, that is, property relations between equal entities, including commercial agent relations, property relations, intellectual property rights relations and debt relations, and marriage and family, adoption and inheritance, Civil relations are not International Commercial Law is the relationship between the adjustment range of commercial, international commercial law as can be distinguished with the international private law. (Of course, despite the current private international law scholars in China, for the adjustment of the object of international justice, although has not been a unified understanding, but The dominant view will be summarized as "international Civil relations" [8] or "foreign-related Civil legal relations" [9]. At the same time, scholars in international Economic Law, international Economic Law on the adjustment of the object, theorists generally believe that the International Economic law is the adjustment of International Economic relations, the general term of legal norms [10]. I believe that, despite the adjustment of international commercial law to international commercial relations can be said to be an economic relationship, however, are talking about International Economic law in the economic relations an economic management relations, commercial relations between different economic relationship described. And, as in modern times by the civil law of our country, does not distinguish between commercial and economic relations, but in the 20th century in the country after 80 years law also distinguishes between economic relations and commercial relations. Therefore, adjustment of International Economic Law and International Commercial Law, in theory, the difference between the object has to be justified.

Second, the adjustment of international commercial law has its own method, that is a direct adjustment method.

International Commercial Law International Commercial Law direct adjustment method is different from private international law is a clear sign. Needless to say, private international law is the central task of resolving legal conflicts, the conflict rules as the basic norm, is not itself a direct adjustment of the conflict rules of international public commercial legal relationship of the main rights and obligations of the entity, its role is to determine the relationship between international civil and commercial matters under the applicable national law. Therefore, private international law is a special kind of specification, they use the adjustment method is a direct adjustment method, and the international Business rules direct that commercial body in international commercial relations, the rights and obligations, direct regulation of international commercial behavior of the main areas of business, the adjustment method is a direct adjustment method. reposted elsewhere in the Research Papers Download http://www.hi138 . com Third, international commercial law would have its own basic principles. the basic principles of international commercial law as an important part of international commercial law and has a very important position and role, can be said that the basic principles of international commercial law is not on the basic principles of Traditional Business then inherited, nor is it a copy of the basic principles of international economic law, but its own characteristics and attributes of international commercial exchanges between the inevitable requirements, including global principles, international economic principle of sovereignty, equality and win-win principle, the principle of good faith, safety principles, principles of development . According to the basic theory of international economic law, at present, the basic principles of international economic law, including: economic sovereignty, non-discrimination, mutual benefit and moderate open market principles [11].

Third, the independence of International Commercial Law International Commercial Law --- is the origin, development, and the fundamental purpose dictates.

According to well-known international trade law experts Shimituofu point of view, the origin of international commercial law, development should be divided into three stages: 11-17 century is the period of the medieval law merchant, Merchant Law in 18-19 century is the period to be incorporated into domestic law, contemporary period of the new law merchant [7] 147; It is clear, according to Professor Shimituofu division of the 11th century, but during the production of international commercial law. in 11-17 century merchant law during the Middle Ages, formed a series of business practices , rules, in the Western world for centuries the basis of commercial exchanges, and also become transnational business transactions between the pillars of strength, until the 18th century commercial law countries absorbed and incorporated into its domestic law. As the scholars said, This approach makes the law merchant in nature possess a "global", "unity" and the contents of the "fair", "flexible" and "convenient" feature has been extremely limited, and can not meet the business activities inherent in the expansion of birth, identity and the world, business law began to decline [4]. But in the 19th century, along with the completion of the industrial revolution, scientific and technological development, social productivity, making worldwide rapid increase in merchandise trade, international commercial law are becoming increasingly complex. At this point, relying solely on national laws to regulate transnational commercial transactions, the increasing exposure of its shortcomings, drawbacks become more prominent. to the objective requirements of a set of uniform rules to regulate international business transactions of the parties conduct business activities, protect their legitimate rights and interests of commercial relations between the State running. In view of this, the International Chamber of Commerce, United Nations and other organizations, and civil law countries in Europe in 1919 to 1965 for a unified civil law countries have done a lot of work, so that gradually internationalized civil law countries, such as through the adoption of multilateral treaties, model laws, etc., and ultimately makes the civil law and common law in the opposite part of the field of commercial law becoming more uniform. At the same time, the current associated with economic globalization in the world is the expansion of the depth and width, greatly promoted the rapid development of international commercial law and international commercial rules for the global unification International Economic Law from the international commercial law or international private law in isolation, as an independent department of the power law provides a fundamental support.

Fully these and, businessmen between the commercial practice of international commercial law to produce the underlying causes, it is a record of International Commercial Law, Development and gradually move toward independence in History. Meanwhile, the International Commercial Law of independent, standardized, systematic, on further Commercial activities to promote, regulate international commercial behavior, a great role in promoting. to conform to the wave of globalization, the trend of economic integration, specifically a set of applicable rules of international commercial relations, to break the boundaries of the division, it on a global scale to countries in international commercial activities of standardized behavior, in order to eliminate differences due to national civil and commercial barriers to international commerce, international commercial activities to further promote the standardization and systematization.

Therefore, the independence of international commercial law, international commercial law system of the origin, development and fundamental purpose of a necessary requirement, in theory, the practice is of great significance.

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