Xia Xiaoxiong: “Codified” Expression of Commercial Norms against the Background of the Codification of the Civil Law

  4598

In the process of codification of the civil law, China needs to reflect upon the direction of systematic construction of commercial legislation under the framework of the civil code. The codification of commercial law is a feasible legislative approach.Legal theorists and practitioners have presupposed several functions of the codification of the commercial law, which need to be analyzed in a deep-going way.On the basis of such analysis, it is necessary to return to the Chinese context to discuss the constructive logic of and approach to the improvement of the codification of commercial law, examine the influence of such factors as social development, the structure of constitutional order, the choice of private law system, and the innovation and development of the rule of law on commercial legislation, thereby forming a feasible plan for the codification of commercial law.