중국 민상법체계에서의 상사주체 －한국 상법과의 비교－

Chinese private law takes combination of civil and commercial code. Since in China, there are various legal agents that don’t exist in other countries,whenever foreign investors who are familiar with civil law system sign contracts, they have questions about other chinese party has a qualification as a commercial merchant and their legal actions are admitted as commercial transactions. These matters are derived from the fact that there is no clear legislation for commercial merchants. Commercial merchant is not a legal concept in Chinese private law as well as there is no regulation about commercial transactions. Also, there are many discussions on position of the commercial code. There are two kinds of opinions. One is commercial code which puts within civil code(unification legislation). The other is separate legislation. These discussions are based on whether the concept of commercial merchant or commercial act is admitted or not. If the concept of commercial merchant or commercial act is admitted, commercial code could be independent from civil code. I support independent commercial code, because various commercial merchants are practically exist in China and each law admits commercial merchants. China takes requisite for establishment in effect of commercial registration,therefore commercial agents who don't get commercial registration couldn’t do business, and the principle of public confidence on registration should be admitted.