Title: The Theory Reconstruction of the Introduction of Concept about Operator in Chinese Commercial Law
Abstract: The traditional commercial law's taking the merchant as the core of the theory system has obvious defects,so the system of commercial subject should be reflected and reconstructed.Based on the economic practice and legislation system of our country,the concept of operator should be introduced and defined as the actor of operating behavior in the fundamental commercial legislation.The operating behavior should be defined as:it is the behavior which is conducted mainly for the purpose of profit The relationship between operator and operating behavior can be summarized as:the legal relationship established due to operating behavior is regulated by commercial law,and the actor of operating behavior is regarded as operator;as the special operator engaging in the business operating activity,the behavior conducted by enterprise should be presumed as operating behavior,except that with no profit-making purpose obviously.
Publication Year: 2014
Publication Date: 2014-01-01
Language: en
Type: article
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