Introduction to Commercial Law
The course is divided into eleven parts:
(1) General Principles of Commercial Law
Key Points:
Concept and regulatory scope of Commercial Law
Principles of Commercial Law
Sources and system of Commercial Law
Commercial disputes and their resolution mechanisms
Teaching Focus and Difficulties:
Distinction between Commercial Law, Civil Law, and Economic Law
Emergence, evolution, and prospects of Commercial Law
Approaches to resolving commercial disputes
(2) Business Entities
Key Points:
Types of business entities and their commercial capacity
Business names
Business accounting books and commercial auditing
Commercial registration system
Teaching Focus and Difficulties:
Understanding the characteristics and types of business entities
Understanding the institutional significance of business names, accounting books, and registration
(3) Commercial Acts
Key Points:
Commercial acts and business operations
Chain operations and franchising
E-commerce
Commercial transportation
Teaching Focus and Difficulties:
Understanding the concept, characteristics, and classification of commercial acts
Understanding the specific rules governing special commercial acts
(4) Company Law
Key Points:
Concept and classification of companies
Incorporation and legal personality of companies
Company capital system
Shares and equity
Corporate organizational structure
Company mergers and divisions
Company dissolution and liquidation
Teaching Focus and Difficulties:
Understanding the corporate legal personality system
Understanding the processes of establishing and operating a company
Understanding corporate governance mechanisms
(5) Law on Non-corporate Business Entities
Key Points:
Sole Proprietorship Enterprise Law
Partnership Enterprise Law
State-Owned Enterprise Law
Foreign Investment Enterprise Law
Teaching Focus and Difficulties:
Mastering the differences and connections between non-corporate enterprises and corporate enterprises
Understanding the characteristics and significance of different types of enterprises
(6) Insurance Law
Key Points:
Concept of insurance and its legal attributes
Fundamental principles of Insurance Law
Insurance contracts
Insurance Industry Law
Teaching Focus and Difficulties:
Understanding the fundamental principles of Insurance Law
Understanding the interpretation and application of insurance contracts
(7) Commercial Banking and Payment Law
Key Points:
Commercial Banking Law
Commercial Payment Law
Negotiable Instruments Law
Teaching Focus and Difficulties:
Understanding the basic operational logic of Commercial Banking Law
Understanding the methods of commercial payment
Familiarity with the legal system governing negotiable instruments
(8) Securities Law
Key Points:
Legal system for securities market participants
Legal system for securities issuance and underwriting
Legal system for securities listing and trading
Legal system for securities investor protection
Securities regulatory authorities
Legal liability for securities violations
Teaching Focus and Difficulties:
Familiarity with the systems for securities issuance, listing, and trading
Understanding the securities investor protection system and its related legal liability framework
Distinguishing between Securities Law from a commercial law perspective and an economic law perspective
(9) Futures Trading Law
Key Points:
Futures trading participants
Futures trading rules
Futures market supervision
Teaching Focus and Difficulties:
Understanding the legal nature of futures trading and its rules
Distinguishing between Futures Law from a commercial law perspective and an economic law perspective
(10) Law on Commercial Trusts and Investment Funds
Key Points:
Establishment and effectiveness of commercial trusts
Trust property and parties involved in commercial trusts
Modification and termination of trusts
Investment funds
Teaching Focus and Difficulties:
Understanding the concept, types, and regulation of commercial trusts
Understanding the concept, characteristics, and types of investment funds
(11) Bankruptcy Law
Key Points:
Overview of Bankruptcy Law
Liquidation of bankruptcy estate
Bankruptcy reorganization
Bankruptcy composition
Bankruptcy liquidation
Teaching Focus and Difficulties:
Understanding the value and significance of the bankruptcy system
Understanding the distinctions and significance among bankruptcy reorganization, composition, and liquidation systems
Familiarity with bankruptcy procedures