CommercialLaw商法

1、Subject nameCommercial Law“formationCurriculum Code：SubjectDescri ption:theoretical and p ractical mean s. Its the impubVmaeonaodltbe knowledge of Scienee ofCurriculum Type：Commercial Law, which is one of the core curriculums of legal profession, is a course with highCivil and Commercial Law after t

2、he study of Scie nee of Civil Law, Scie nee of Con tract Law,CivilProcedural Law and other courses by students, which plays an important role to broaden the pro fessi onal kno wledge, con solidates the basic cap acity of pro fessi on, and nu rtures their indepen dent and creative abilities. The cour

3、se of Commercial Law in cludes gen eral and substa ntial stateme nts. The general statement aims at the concept, feature and historical evolution of Commercial Law; its relati on shi p with Civil Law; the theory of subject and con duct of commerce; corporate n ame and trac book, and etc. The substan

4、tial statement of Commercial Law which covers the most important legaletc.ResourcesP rescribedP RESCRIBED TEXT:system to adjust econo mic ben efits in the moder n market econom y, is the mai n contents of the whole course, in clud ing: Law of Securities, Bankruptcy Law, Bill Law, In sura nee Law, Ma

5、ritime Law andResources:Commercial Law” (the 4 editi on), Beiji ng: Higher Educati on P ress, 2011, edited by Fan Jia n. Thisbook is available from internet and bookstore.P RESCRIBED P RACTICE SET:The course of mock court is n ecessary after the study.P RESCRIBED SOFTWARE:The fun dame ntal theories

6、on Commercial Law should be lear nt, and put into use well.AssessmentTaskWeightDateAcademic ScoreMYOB Assig nment (In dividual)30%Week 5 to 17Final Exam70%ExamWeelCha pter 118Weekly and Topic OutlineDescri pti onWeek/Module TopicThe mai n task is to in troduce the overview, adjust ing object, system

7、 anWEEK 1WEEK 2WEEK 3GeneralStatementCommercial LawSubject and ConductCommerceof source of Commercial Law; its relationship with other legal sectors; itsemerge nee and devel opment; the evoluti on of Commercial Law inChi na; and the outlook of Commercial Code in Chi na.The main task is to teach the

8、legal person, partn ersh ip, in dividual person, ofin termediary and aider of commerce; ordinary and sp ecial con duct ocommerce.Commercial Registration and The main task is to teach the object of commercial registrati on andCor porate Nameadmi nistrative orga ni zatio n for registrati on; the typ e

9、s, p rocedure, validityand supervision of commercial registration; and the overview, typesacquireme nt and elim in ati on of corpo rate n ame.The main task is to teach the registration and elimination of corporateWEEK 4WEEK 5WEEK 6Corporate Name and TradeBookn ame, rights of corpo rate n ame, and th

10、e tran sfer and lending of corp oratename; and the overview, classification, legal relationship, makingp reservatio n and legal con seque nces of trade book.The main task is to teach the concept and feature of corpo rati on andOverview of Corporation andCor porationCorpo rati on Law; the classificat

11、i on of corpo ratio n and the types oLaw, andEstablishment of Corpo rationChin ese corpo rati on; the overview of establishme nt, statutes, n ame anreside nee of the corpo rati on.Personality and Capacity ofThe main task is to teach independence and repudiation of theporpo ration,andCap ital person

12、ality of a corpo rati on, and the cap acity for rights and con ducts oSystem of Corpo rationcorpo rati on; the overview of cap ital system of corpo rati on, the components of the corpo rate cap ital.WEEK 7Cap ital System of Corpo ration andManagementofCor porationThe main task is to teach the con tr

13、ibuti on, in creas ing and decreas ing of capital from shareholders; share and stock; shareholder and share own ersh ip; the merger and dissolutio n of the corpo rati on.WEEK 8Limited Liability Corpo rationThe main task is to introduce the concept, feature, establishment, orga ni zatio n of limited

14、liability corpo rati on; sole limited liability corpo rati on; state-ow ned corpo rati on; the share tran sfer of limitec liability corpo ratio n.WEEK 9Incor po rated Corpo rationThe main task is to in troduce the concept, feature, establishme nt and orga ni zatio n of incorpo rated corpo rati on; t

15、he sp ecial restricti on o* orga ni zati on of listed corpo rati on, and the equity issue and tran sfer o in corporated corpo rati on.WEEK 10WEEK 11WEEK 12The mai n task is to in troduce the com mon system of these corporatio ns,Common System of Limitedsuch as: debe nture, finance and acco unt, the

16、cha nge, merger and divisio nLiability Corpo ration andIncor po rated Corpo rationof the corpo rati on; the dissoluti on and liquidatio n of the corpo ratio n; the，bran ches of foreig n corpo rati on.The main task is to teach the overview, emerge nee, devel opment, tenetFundamental issue of Law ofan

17、d fun dame ntal principle of Law of Securities; the basic structure o：Securities, Security Market andits Sup ervision Mechanismsecurity market both at home and abroad; the sup ervisi on mecha nismChin ese security market.ofThe main task is to teach the concept, n ature and classificatio n of equityL

18、egal System of Equity Issueissue; the requirement and examining process of equity issue; theand Consignment Inwardcorpo rate system of equity issue; and the sup ervisi on p ri nciple for publequity issue; the un der-writ ing and recomme ndati on of equity issue.WEEK 13Listing and Exchangeof The main

19、 task is to in troduce the modes and restrictio n of securitieSecuritiesexcha nge; the requireme nt and p rocedure of listi ng, age ncy tra nsaction of listing securities, halt, resumption, suspension, recovery and ter min ati on of listi ng, and the listed tran sacti on abroad.WEEK 14Overview of Ba

20、nkruptcy Law and Bankr up tcy P roceedingsThe main task is to introduce the overview of Bankruptcy Law; the application and acceptanceof bankruptcy; the applicant, property and expen ses of bankrup tcy, and system of debts ben efits all duri ng bankrup tcy.WEEK 15Reorganization and Liquidation of Bankr up tcyThe main task is to in troduce the meeti ng of creditors, reorga ni zati on a” liquidati on of bankrup tcy, bankruptcy crime, and puni shme nt.WEEK 16Bill LawThe mai n task is to in troduce the overview