Research On The Contract Between Chinese Government And Foreign Banks In Modern Times

The modern contract between Chinese government and foreign banks(referred to as modern Sino-foreign bank contract,SFBC)refers to the Opium War,the later Qing Dynasty,Beijing government of the Republic of China,Nanjing national government of the Republic of China until People's Republic of China(1949)was founded in one hundred years,by the Chinese government,local governments,government departments,Chinese government owned or government guaranteed(state owned)firms similar legal subjects with foreign banks,Sino foreign joint venture bank,international Consortium,with banks as the main participants in the international syndicate and foreign private whom represent foreign banks(Consortium)between determination,alteration and termination of the rights and obligations between the meaning of legal behavior consistent said.Introduction parts mainly discusses the modern SFBC' s definition and significance,points out its relationship with the modern treaty system.It points out modern and contemporary law concepts that need to be covered in modern Sino-foreign banking contracts,such as quasi treaty,foreign-related economic contract,state contract,international loan agreement and BOT concession agreement.And from the history,the law,the economy three aspects of this paper to elaborate the research innovation.At the same time,it reviews the research on the foreign economic contract of the government since modern times.The first chapter deals with the legal relationship of modern SFBC.This paper analyzes the nature and category of Chinese and foreign subject in the legal relationship between China and foreign banks.According to the different combinations of the object and content of the legal relationship,the contract legal relationship between Chinese and foreign banks in modern times can be divided into loan,project construction,partnership,transaction,lease,franchising and so on.It is pointed out that the modern SFBC belongs to the private law cont.ract which includes foreign factors,public law and economic factors.The second chapter compared the SFBC(foreign-related economic contracts)with contracts and treaties,and discuss the relationship between contracts and treaties,foreign-related economic contracts and quasi treaty,foreign-related economic contracts and modern treaty system.And from the form of law(divided into the origin of law,the classification of law,the effectiveness of law),the legal relationship(subject,content and object),the implementation of law(law application,law compliance,legal responsibility)three levels of systematic analysis.It points out the extremely complex legal principles implied in the modern SFBC.The third chapter discusses the development stages of the SFBC in modern times,which are divided into three stages:the late Qing Dynasty,the Beijing government of the Republic of China,the Nanjing national government of the Republic of China.The background,characteristics and evolution of contract formation in different periods were introduced in the three stages.The fourth chapter analyzes the special legal and economic status of the foreign banks under the modern treaty system.Pointed out that the relationship between modern foreign banks in China and international politics,consular jurisdiction,China domestic economic and financial policy.It is considered that the dominant position of foreign banks is closely related to the modern treaty system.Modern foreign banks belong to the foreign private legal entities who operate money and credit business in China in modern history,rather than the internal juridical persons under the jurisdiction of Chinese law.The fifth chapter discusses the complex relationship between the modern SFBC and the international politics.In the broad sense,the engagement of foreign banks with the Chinese government is affected by international relations worldwide.In the narrow sense,the modern SFBC is directly restricted by the treaty relations between China and foreign countries,which belongs to a part of the modern treaty system.The sixth chapter discusses the process of concluding the contract between the modern Chinese government and the foreign banks.It is divided into three aspects:the Chinese decision making,the foreign bank decision and the Chinese and foreign negotiation.It points out the characteristics of the Chinese government's political and foreign economic decision-making,and analyzes the process and characteristics of the modern Chinese and foreign negotiation transactions.The seventh chapter discusses the core part of the modern SFBC-the modern international loan contract between Chinese government and foreign banks.According to the theories of law and economics,the international loan contracts made by modern foreign banks and Chinese government were sorted out.The structure and terms of the contract were anatomized and analyzed.The development and characteristics of modern international loan contracts were pointed out.The eighth chapter deals with one of the types of modern SFBC,the international contract of international construction between Chinese government and foreign banks.This paper focuses on the analysis of the international contract for the construction of international projects between Chinese government and foreign banks and consortia in the field of modern railway investment.It points out its categories,terms and characteristics.The ninth chapter discusses one of the types of modern SFBC,the modern Sino foreign joint venture operation contract.Its definition,categories,terms and features are analyzed.The tenth chapter discusses the 1887 Li Hongzhang and foreign Philadelphia syndicate made joint banks contract events,showing the modern China government and foreign bank(Consortium)economic cooperation in the international and domestic,affected by various political and economic aspects,showing the difficult situation of modern China government foreign economic activities are facing.