商法学英文教案2016.doc

《商法》双语教学参考资料 盐城师范学院经济法政学院 2011年8月 Commercial Law After learning Commercial Law, students should obtain the following knowledge: Sources, history, features, and basic principles of Commercial law; the contract law of commercial; Company Law; Law of Foreign Investment Enterprises of China; Securities Law; Maritime Law; Enterprise Bankruptcy Law; GATT and WTO law; and International Commercial Dispute Settlement. Furthermore, students can apply Commercial Law to analyze and solve all kinds of issues in practice. Chapter 1 . Introduction to Commercial Law Teaching aims and requirements: After learning in this chapter, the students should obtain the following knowledge: sources of Commercial law; features of Commercial law; basic principles of Commercial law; history and sources of International Commercial law; and the relationship between International Commercial law and China. Teaching emphases and difficulties: basic principles of Commercial law; the relationship between International Commercial law and China. Study hours: 3 Section 1 . Introduction to China’s Commercial Law 1. Sources of Commercial law As a world trend most countries tend not to enact separate commercial code, ie. The civil code servers as the parent law for both civil law and commercial law. Even in countries practicing separate commercial code, such commercial code has been torn to pieces, e.g. the Germany adopted separate laws on the companies limited by shares (CLS) and limited liability companies (LLC) outside the German Commercial Code, and the France adopted separate laws on the company outside the French Commercial Code. China also follows this world trend, i.e. duality model where the civil code applies to both civil and commercial relations. Though China has yet to enact a comprehensive Civil Code, the General Principles of Civil law (GPCL) adopted by the NPC in 1986 serves as the parent law for both civil law and commercial law. That is to say, on the national level no commercial code