商法

內(nèi)容概要

在全球化的大背景下，中國(guó)的法治建設(shè)與時(shí)俱進(jìn)。在我國(guó)法學(xué)教育方面也應(yīng)當(dāng)推陳出新，與國(guó)際接軌?；谔嵘覈?guó)法學(xué)雙語(yǔ)教學(xué)水準(zhǔn)，培養(yǎng)國(guó)際化的法律人才，作者集結(jié)歷年來的研究成果，編著商法（Commercial
Law）雙語(yǔ)教材，希望能為我國(guó)的法學(xué)雙語(yǔ)教學(xué)提供一本高質(zhì)量的教材。
李栗燕編著的《商法》共由9章內(nèi)容構(gòu)成，包括商法概述、合伙企業(yè)法、公司法、破產(chǎn)法、票據(jù)法、證券法、保險(xiǎn)法、銀行法、糾紛解決機(jī)制。每章在進(jìn)入正文之前，都附有簡(jiǎn)短的內(nèi)容概括，方便學(xué)生總體把握章節(jié)內(nèi)容；每章后都附有重點(diǎn)詞匯解釋、練習(xí)題及相關(guān)課外閱讀材料，幫助學(xué)生進(jìn)一步理解內(nèi)容。在教材附錄中附有書本所涉及的所有相關(guān)法條，提供給學(xué)生查閱。
《商法》可作為法學(xué)、金融學(xué)、國(guó)際貿(mào)易等專業(yè)的雙語(yǔ)教程，并可為國(guó)內(nèi)外商事活動(dòng)的從業(yè)人員提供參考和指南，也適用于對(duì)國(guó)內(nèi)外商法感興趣的愛好者。

作者簡(jiǎn)介

李栗燕
湖北武漢人，華中科技大學(xué)法學(xué)碩士?，F(xiàn)任南京航空航天大學(xué)人文學(xué)院法律系副主任，中國(guó)行政管理學(xué)會(huì)會(huì)員。江蘇省法學(xué)會(huì)會(huì)員。在《江漢論壇》、《科技進(jìn)步與對(duì)策》等刊物上發(fā)表論文二十余篇，已主持兩項(xiàng)法學(xué)課題的研究，參與多項(xiàng)省級(jí)課題的研究及教改項(xiàng)目和精品課程建設(shè)。2002年獲全市法制知識(shí)競(jìng)賽專業(yè)組第一名，2005年公派赴澳大利亞交流、進(jìn)修，2006年獲南京航空航天大學(xué)教學(xué)優(yōu)秀二等獎(jiǎng)。

書籍目錄

Chapter 1 Introduction
 Section 1 Legal Systems and Law
 Section 2 About Commercial Law
 Section 3 Choice of Business Organizatio
 Section 4 Introduction to Contracts
Chapter 2 Partnehip Law
 Section 1 Partnehips
 Section 2 Sole Proprietohip and Partnehip
 Section 3 Partnehip Law of England
Chapter 3 Company Law
 Section 1 About Corporation
 Section 2 The Article of Incorporation
 Section 3 Management of Corporation
 Section 4 Veil of Incorporation
 Section 5 Stock
 Section 6 The Director as a "Fiduciary"
 Section 7 Office of Corporation
 Section 8 Merger,Coolidatiou and Termination of
Corporation
 Section 9 The Company Law of China
Chapter 4 Bankruptcy Law
 Section 1 History of Bankruptcy Law
 Section 2 Liquidation Bankruptcy
Chapter 5 Negotiable Itrument Law
 Section 1 Negotiable Itruments
 Section 2 Rights of Holder in Due Coue
 Section 3 Check Collection
 Section 4 The Bank and Its Customer:Rights, Duties and
Liabilities
Chapter 6 Securities Law
 Section 1 General Introduction
 Section 2 The securities Markets
 Section 3 State and Federal Securities Laws
 Section 4 The Securities and Exchange Commission
Chapter 7 Iurance Law
 Section I History of Iurance
 Section 2 Fundamental Principles of Iurance Law
 Section 3 The Contract of Iurance
 Section 4 Classes of Iurance
Chapter 8 Banking Law
 Section 1 Banks and Banking
 Section 2 Banking Law in Canada
 Section 3 When Banks Collide
Chapter 9 Dispute Resolution
 Section 1 Arbitration
 Section 2 Civil Procedure Law
 Section 3 Criminal Procedure Law
Appendix
Company Law of the People' s Republic of China
Iurance Law of the People' s Republic of China
References

章節(jié)摘錄

版權(quán)頁(yè)：   1. The Supremacy Clause Article Ⅵ states in part:"This Constitution and the Laws of the United States which shall be made in pursuance thereof ...shall be the supreme Law of the Land ...," hereby guaranteeing federal supremacy,even though the states created the federal government. 2. The Contract Clause Section 10 of Article I of the United States Constitution provides in part that no state shall pass any law impairing the obligation of contracts. This provision has no application to the federal government,which,in fact,frequently enacts laws and adopts regulations that affect existing contracts.The Department of Agriculture from time to time embargoes grain sales to foreign countries,usually as a result of problems in foreign affairs. The limitation on state action impairing contracts has not been given a literal application.As a result of judicial interpretation,some state laws that affect existing contracts have been approved,especially when the law is passed to deal with a specific emergency situation. On the other hand,this constitutional provision does limit the alternatives available to state government and prevents the enactment of legislation that changes vested contract rights. 3. The Taxing Power The power of taxation is exercised by the legislative branch of the government. The only limitations on its exercise are found in federal and state constitutions. The fact that a tax may destroy a business or the value of property is no basis for a judicial determination that the tax is unconstitutional. The court must find that the tax violates some specific provision of the Constitution before the tax can be held invalid. The decision as to the wisdom or propriety of the tax is left to the legislature. Taxation is a very important form of regulation used to accomplish many goals. Tax policy is a major ingredient in the efforts of government to regulate the economy. Depreciation allowances have been accelerated from time to time to bolster the economy by making additional cash available for business investment. The gasoline tax has been substantially increased in order to raise the price of gasoline and reduce consumption. States were encouraged to adopt unemployment compensation taxes by a federal law that gave a 90 percent credit on the federal tax for taxes paid to states. Few questions are raised today conceming the validity of a federally imposed tax. The Sixteenth Amendment to the Constitution and the broad scope of the federal taxing power,which has been approved by he courts,eliminates most such issues. Of course,there is a considerable amount of litigation involving the interpretation and application of the federal tax laws and regulations. Great deference is given to the position taken by the Commissioner of Internal Revenue in such cases. Courts tend to hold that federal taxing laws are valid unless there is some clear constitutional infirmity. 4. The Commerce Clause The power of the federal government to regulate business activity is found in the so-called Commerce Clause of the Constitution, which states: " Congress shall have power to regulate Commerce with foreign Nations,and among the several States,and with the Indian Tribes. "This grant of three-pronged power has been broadly interpreted to give the federal government considerable power to regulate business,to prescribe the rules by which commerce is conducted. The power to regulate foreign commerce is vested exclusively in the federal government and extends to all aspects of foreign trade. State and local governments may not regulate foreign commerce,although they do sometimes attempt directly or indirectly to regulate imports and exports to some degree. Such attempts are unconstitutional. State or local laws regulating or interfering with federal regulation of commerce with foreign nations are invalid as violations of the Commerce and Supremacy clauses. One city required that all retail goods originating behind the Iron Curtain be so labeled. The law was unconstitutional. The key language of the Commerce Clause is the phrase "among the several States. " This language has been construed to give Congress power to enact laws covering any business activity in interstate commerce and any intrastate business activity that has a substantial effect-negative or positive-on interstate commerce. The effect or any individual business on interstate commerce need not be substantial if the cumulative effect of all similar businesses is substantial. While the power of Congress to regulate an infinite variety of business activities by use of the Commerce Clause is quite broad,it is subject to some limitations. These limitations are found in other provisions of the Constitution,such as the Sixth Amendment' s guarantee of a right to trial by jury and the Fifth Amendment's Due Process Clause.ln addition,the power to regulate commerce cannot be used to destroy state and local governments and thus cannot be used,for example,to regulate the wages of government employees. In granting Congress power over commerce,the Constitution did not expressly exclude the states from exercising authority over commerce. The Supreme Court held that the nature of the commerce power did not by implication prohibit state action and that some state power over commerce is compatible with the federal power. Because of the Commerce clause,nevertheless,state powers over commerce are definitely limited. 5. The Bill of Rights and Business The first ten amendments to the Constitution of theUnited States,often referred to as the Bill of Rights,have numerous provisions that impact directly on business and economic activity,as well as on all other aspects of our daily lives.

編輯推薦

《普通高等教育"十二五"規(guī)劃教材:商法(英文)》講述了在全球化的大背景下，中國(guó)的法治建設(shè)與時(shí)俱進(jìn)。在我國(guó)法學(xué)教育方面也應(yīng)當(dāng)推陳出新，與國(guó)際接軌?；谔嵘覈?guó)法學(xué)雙語(yǔ)教學(xué)水準(zhǔn)，培養(yǎng)國(guó)際化的法律人才，作者集結(jié)歷年來的研究成果，編著商法（Commercial Law）雙語(yǔ)教材，希望能為我國(guó)的法學(xué)雙語(yǔ)教學(xué)提供一本高質(zhì)量的教材。

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