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篇目详细内容 |
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【篇名】 |
On the Formal Rationality of Commercial Law in Common Law System |
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【刊名】 |
Frontiers of Law in China |
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【刊名缩写】 |
Front. Law China |
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【ISSN】 |
1673-3428 |
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【EISSN】 |
1673-3541 |
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【DOI】 |
10.1007/s11463-011-0144-2 |
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【出版社】 |
Higher Education Press and Springer-Verlag |
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【出版年】 |
2011 |
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【卷期】 |
6
卷4期 |
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【页码】 |
577-588
页,共
12
页 |
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【作者】 |
Jinhai Xu;
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【关键词】 |
common law system; formal commercial law; market economy; legal tradition |
【摘要】 |
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Common law traditionally contains the formal rationality of commercial law. According to common law tradition, there is no possibility of preventing commercial law from being formalized. Formalization of commercial law in common law system is an institutional demand of market economy and is jointly promoted by the legal tradition of common law countries. The commercial law in the two legal systems indicates that the commercial law is made depending on the market economy and the form of commercial law is restricted by legal tradition. The formalization and assimilation of commercial law are an internal need as well as an inevitable trend in the course of economic development. |
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