Throughout the commercial legislation of various countries, there are generally two legislative methods for the legal adjustment of special commercial acts. In countries with commercial codes, on the one hand, the commercial code stipulates some rules to adjust special commercial behaviors, which are mainly aimed at traditional special commercial behaviors; In addition, a considerable number of special commercial behaviors are regulated by separate commercial legislation, which mainly aims at new special commercial behaviors appearing in modern commercial transactions. In countries with commercial codes, special commercial acts are basically regulated by special commercial legislation or special commercial legislation. Special commercial behaviors usually include: commercial transactions, commercial transportation, commercial warehousing, commercial intermediation, commercial discipline, commercial futures, commercial trusts, commercial bills, commercial insurance, maritime commerce and so on. China has made separate legislation on special commercial acts such as commercial bills of exchange, commercial trust, commercial insurance and maritime business. Here is a brief introduction to several special commercial behaviors. Business discipline refers to the behavior that business subjects buy and sell commodities and securities for customers in their own names and get corresponding rewards from them. It is a professional operation. Business discipline is a typical business behavior. Different from agents and intermediaries, commercial brokers have their own characteristics: (1) brokers engage in trade activities in their own names. In general civil agency behavior, the parties usually carry out activities in the name of the principal, and their legal and economic consequences belong to the principal. On the other hand, in commercial activities, the broker acts as the party to the contract in his own name, and the legal consequences are borne by the broker himself, while the economic consequences are attributed to the client. At this point, it is obviously different from commercial agency. (2) The trustee-trader engages in trading activities for the client. The trustee-trader engages in brokerage activities according to the entrustment of the client. Therefore, when the broker engages in brokerage activities within the calculation range of the client, all the economic gains and losses generated by the exchange belong to the client.
In the commercial law of civil law countries, disciplinary behavior is a typical commercial behavior. It is different from agency and intermediary in civil and commercial affairs.
In a divided country, only the commercial code provides for brokers or broker behavior. There is no provision about brokers in the Civil Code. Therefore, it is a typical commercial behavior that is relatively independent of the civil code. Commercial futures trading is a special form of commercial trading, which refers to a special commercial behavior that according to the regulations of futures exchanges, both parties to futures trading sign the sales contract of related products in advance in the exchange, and pay for the goods and deliver the goods in the agreed future. Commercial futures trading has the following characteristics: (l) Futures trading must be conducted on the exchange; (2) Futures trading must abide by the trading rules of the exchange; (3) Under normal circumstances, the subject matter of futures trading is standardized contracts, not commodities; (4) Futures trading is characterized by high risks and high returns.
Futures trading is speculative, from commodity trading to futures contract trading. The biggest difference between futures trading and general trading is that the former deals with commodities while the latter deals with contracts. The latter is more speculative and risky than the former. In China, with the prosperity of market economy, futures trading has widely appeared in real economic life, and the legislation in this area is constantly improving. Trust was originally a concept in Anglo-American law system, and now it has been widely accepted by the commercial law of civil law countries. It refers to the act that the client transfers his property to the trustee, and the trustee manages or disposes of the property in his own name for the benefit of the beneficiary or for a specific purpose, and the trustee obtains certain commercial benefits. Trust can be divided into civil trust and commercial trust. Civil trust is mainly a civil legal act aimed at arranging the transfer and inheritance of personal assets. Commercial trust is a commercial legal act aimed at obtaining commercial benefits. Trust is suitable for the commercial field. The initial motivation is to raise production capital, and on this basis, it creates a capital management model suitable for individuals, enterprises and other organizations. In contemporary real economic life, commercial trusts far exceed civil trusts in types and scales. There are many kinds of commercial trusts. Common commercial trusts mainly include investment fund trust, secured corporate bond trust, loan trust, equipment transaction financing guarantee trust, company shareholder voting trust, employee welfare trust and so on.