| 21th Century is an age of knowledge based economy. International technology trade not only plays an equivalent role as traditional products and service trade in the international trading activities, it also tends to be one of the most important trading categories reflecting on the percentage of trading volume it takes. Considering the characteristics of technology skill, technology risk has long been seen as an critical evaluation target in business investment. On the other hand, because of the combination of civil law and public law and the effect of technology transfer on national industry development, Government regulation also calls for more and more attention in the discussion of technology skill trading as the intellectual property protection becomes popular.Skill risk and government behavior are both frequently mentioned topics in the Force Majeure system of traditional civil law. During the occurrence of events and obstacles in international business activities, the importance of how to make use of Force Majeure within blurred boundary of domestic and international business law and Force Majeure justification of government behavior and skill risk are the main focus of this article .In chapter one, this article defining the linkage between international technology transfer, international technological trading, international technological investment and international technological trading to explain the background behind the topic of international technological trading. In addition, this article covers definition and scope of the international technological trading object“technology”, legal relationship of various international technological trading contracts, and delineation of concept of skill risk and government behavior to clarify the scope to this research. Moreover, this article also analyzes economic effect of technology transfer, technological innovation and government regulatory behavior on technological trading and skill risk, the resulting potential combination of future industry development of China, and the importance of skill risk and government behavior.In Chapter two, this article introduces the legal system of Force Majeure, analyzing its theory, elements, categories, legal effects and risk budgeting. In addition to the research of our legal system and Comparative Study of foreign countries, this chapter covers introduction of“rebus sic stantibus”definition , its elements and legal effects, and the comparison between“rebus sic stantibus”and Force Majeure under the our latest legal system. Besides, this chapter also explains the adaptive relationship between Liability Fixation for Breach of Contract and system of Force Majeure, offers suggestions and perspective of views on our current Force Majeure system.Firstly, chapter three begins with the explanation of characteristics of the combination of civil law and public law under technological trade, and analyzes ways of mutual adoption between international business laws and feasibility of various contracts and laws under international technological trading. Secondly, this chapter introduces regulations regarding Force Majeure in“United Nations Convention on Contracts of International Sales of Goods”(CISG) as the judging principle of arbitrary legal relationship between technological trading participants. Thirdly, this chapter covers comparisons of the Force Majeure regulations of“Principles of International Commercial Contracts”, FIDIC contract terms , UCP500,and etc…, and comparisons of“Vienna Convention on Sale of Goods”and our Force Majeure legal system. Last but not least, suggestions were made regarding international technological trading law. In chapter four, this article summarizes the definition of skill risk and lists out three parts including skill difficulty factor , comparable market factors and legal factors to be compared cross-analyzed with technology development contract, technology transfer contract, technology consultation service contract, and etc. In other words, this article tried to stylize skill risk and examine the three components of Force Majeure to get a better understanding of possible style and applicable scope of skill risk in Force Majeure principle.In chapter five, this article explains the definition and scope of government behavior, and related circumstances. Also, chapter five explains the government behavior under international technological trading by discussing the justification of whether Force Majeure should be applied to government behavior. Moreover, this article introduces the latest legal amendment development regarding technological import and export management, and then classify government behavior according to general management, dual-use technological management, examination, specific operator or country zones.Lastly,this chapter analyzes the effects of Force Majeure critical components on government behavior. |
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