Commercial law thinking refers to a specific way of thinking of specific groups such as commercial legislators, commercial judges, commercial arbitrators, and commercial law researchers about commercial legal norms and the handling of disputes in commercial cases. It is a way of thinking that the above legal professional groups think, analyze, and solve commercial disputes according to the logic of commercial law in the process of engaging in commercial law. In the context of the construction of a legal business environment and the prevention and control of epidemic diseases, establishing and practicing correct business law thinking will help to correctly hear commercial dispute cases and serve and ensure the sustainable and healthy development of the market economy. 1、 The connotation of commercial law thinking is based on the characteristics of commercial legal norms and commercial disputes. First, commercial law thinking respects subject autonomy. In general, commercial subjects have the right to engage in various business activities according to their own will within the scope prescribed by law. Judicial organs, administrative organs, other organizations or individuals should not interfere too much in their business activities, unless based on legitimate and necessary legal reasons. Secondly, commercial law thinking follows the principle of benefit first. The most basic value orientation of commercial law thinking is to maintain the benefits of commercial transactions, while giving consideration to fair and other values. The most basic value orientation of civil law thinking is to give priority to fairness while giving consideration to the value of efficiency. It can be seen that the two kinds of thinking are quite different. Finally, commercial law thinking attaches importance to commercial appearance. Commercial facade doctrine refers to the act of the nominal obligee or the appearance shown by the publicity of relevant rights constitutes the appearance of a certain legal relationship, which leads to the trust of a third party in such legal relationship, and the act is a civil legal act based on such trust, even if the true situation of the relevant legal relationship is inconsistent with the subjective trust of the third party, as long as the subjective trust of the third party is reasonable, The effect of the civil juristic act on which it is based should be given priority protection. For example, the share of legal consequences of equity transfer in the process of agency by estoppel and equity holding is the concrete embodiment of commercial ostensivism. 2、 The significance of commercial law thinking as a specific way of thinking, commercial law thinking is of great significance for commercial trials. First, commercial law thinking provides conceptual guidance for commercial trials. The commercial law thinking attaches great importance to the autonomy of the commercial subject, so it is not easy to deny the validity of the contract between the parties in the commercial trial, unless there are invalid or revocable reasons stipulated by the law. Taking the liquidated damages clause in the contract as an example, if the parties have agreed on a certain amount of liquidated damages and one party waives the claim for liquidated damages adjustment in advance, then the issue of whether the agreement is effective will be involved in subsequent disputes between the parties. At this time, the commercial law thinking will generally consider the subject identity and trading ability of the parties to the contract. If both parties are commercial subjects such as companies, they are generally inclined to affirm the validity of the agreement; If one or both parties to the contract are ordinary civil subjects, it is generally allowed to make appropriate adjustments to the excessive liquidated damages. The reason for the difference is that the commercial subject has a higher ability to understand the risks of market transactions than the civil subject, and its expression of will can focus on the evaluation of income and risk. However, due to the lack of experience in commercial acts, the civil subject has insufficient estimation of relevant risks
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