Commercial Law is a book published by China Commercial Press in March, 2002. The author is Fang Mingshan. This book mainly talks about the overview of commercial law, corporate legal system, domestic-funded enterprise legal system, tax legal system and other related business laws and regulations.
First, the specific analysis
1, company law
Company law is the basic law to regulate company behavior. The establishment, shareholder qualification, articles of association, shareholders' responsibilities, shareholders' rights, senior management, dissolution and liquidation of the company shall be handled in accordance with the provisions of the Company Law. This is a law that runs through small and medium-sized enterprises.
2. Contract Law
Companies are set up to make money, and you can't make money without trading. Contract law is a law that regulates market transactions and is the main law followed by civil subjects in economic activities. The contract covers a wide range of contents, not only commodity transactions need to be concluded, but also matters involving company equity transactions, intellectual property transactions, property rights changes and so on need contract protection, which are stipulated in the contract law.
3. Property law
The company's operating income, involving real estate such as land and real estate and trading some movable property, needs to be registered to obtain property rights, which are regulated by the Property Law.
At the same time, land management law and real estate management law are also norms that should be followed in land and real estate property rights.
4. Financial law
After the establishment of the company, in the process of operation, it is necessary to pay settlement and loan financing. At this time, the laws and regulations involved are General Principles of Loans, Negotiable Instruments Law and Securities Law.
The company is required or selected to spread risks because of the mandatory provisions of the state. The types of transportation also involve the relevant provisions of the insurance law.
5. Intellectual property law
Companies should have their own goodwill, register trademarks for their products or services, and own their own trade secrets and patented technologies. It involves the adjustment of trademark law, patent law and anti-unfair competition law.
6. Tax Law
As the most important taxpayer, the company should abide by the norms and constraints of the value-added tax law, enterprise income tax law, personal income tax law and tax collection and management law when paying taxes.
7. Labor Law
Companies can't live without people. As an employer, the company must abide by the Labor Law, the Labor Contract Law and other relevant supporting laws and regulations, and pay various social insurances for its employees.
8. People's Republic of China (PRC) Securities Law
The listing, delisting and listing of a company are stipulated by relevant laws, such as the listing report, the resolution of the shareholders' meeting applying for listing, and the articles of association.
The position of commercial law is reflected in its independence, which is reflected in the relationship between commercial law and civil law. The independence of commercial law in western countries lies in the relationship between commercial law and economic law. There are three theories about the relationship between commercial law and civil law: one is the separation of civil and commercial law; Second, civil and commercial integration; Three, the civil law is a special law of commercial law, is an independent department law.
Second, the benefits of business education
1. Cultivate the ability to solve problems
First of all, learning business includes acquiring the ability to identify problems. The first step to solve the problem is to correctly identify and describe the problem. If you have never encountered a problem, it may be difficult to identify it. But business education can teach you how to find obstacles in performance and overcome them. This is a very useful skill that can be used in daily life.
2. Creativity and teamwork spirit
Business education leaves room for creativity and collaboration. Because of its standardized methods, most types of education do not provide opportunities for developing innovative thinking. So under normal circumstances, it is impossible to put forward original ideas and cooperate with other students. But business education will encourage novelty and team spirit, which is very beneficial to the future career.
3. The cultivation of communication skills
Have you ever thought that most daily activities need excellent communication skills? You may need to write a convincing report, introduce a successful strategy, create a good business paper example, or just draft an appropriate email-all these tasks require communication skills. When studying business, you will have to cooperate with students from different countries and backgrounds. This means that team members will have different opinions and experiences, which may conflict with yours. In order to work successfully as a team, you must be able to check the situation, respond diplomatically to conflicting views, and stick to your own views.
Become more determined
Another advantage of studying business is that it helps to cultivate courage. Angela Duckworth, a famous psychology professor, believes that "perseverance" may be the main factor of a person's long-term success. She described her research in her book Perseverance, which shows that rank, intelligence and socioeconomic status are not equal to "perseverance" to ensure success. According to Duckworth, perseverance includes a strong interest in long-term goals and persistent persistence. The business world is very cruel and full of uncertainty, which is why one of the goals of business education is to teach persistence and determination.
legal ground
Company Law of People's Republic of China (PRC) Article 1 This Law is formulated for the purpose of regulating the organization and behavior of companies, protecting the legitimate rights and interests of companies, shareholders and creditors, maintaining social and economic order and promoting the development of socialist market economy.