A Comparative Study On The Contract Law Systems Of Mongolia And China

Mongolia is an important participant in "One Belt One Road" initiative.The "One Belt One Road" initiative aims to explore the comparative advantages of countries along the belt and road and promote the integration and development of countries in economic,social,cultural and other aspects.This initiative is in line with the fundamental interests of countries along the road and has attracted extensive attention from the international community.Scholars from many countries have carried out research on the "One Belt One Road" initiative.Mongolia is one of the countries along the "One Belt One Road" initiative.For Mongolia,which has a weak economic foundation and is located in the inland of Asia,the integration of "One Belt One Road" initiative is a good opportunity for Mongolia to participate in international economic exchanges and open a new window of economic development.Scholars in Mongolia generally believe that the "One Belt One Road" initiative can promote the improvement of infrastructure in Mongolia,promote the development of relevant industries in Mongolia,and enhance the cultural exchanges between Mongolia and countries along the belt and road.Therefore,Mongolia should be an active participant in the "One Belt One Road" initiative.In the process of Mongolia's integration into "One Belt One Road" initiative,there is the closest and most direct cooperative relationship between Mongolia and China.Historically,Mongolia and China have established good cooperative relations through friendly consultation and mutual support on international issues.With the growing willingness to cooperate and the increasingly close relationship of mutual trust between the two countries,the friendly relations between the two countries have gradually expanded from political relations to all-round friendly relations.Moreover,Mongolia and China are geographically close and economically complementary,and have a long and sound trade relationship.In recent years,economic cooperation between Mongolia and China has been expanding.China is Mongolia's largest exporter and importer,and Mongolia's largest source of foreign investment.In 2018,Chinese investment accounted for 70.1 percent of foreign investment in Mongolia,and Mongolia's foreign trade imports to China accounted for 70-80 percent and exports accounted for 85 percent.In Mongolia,there are about 7,000 Chinese investment companies.China's influence on Mongolia's national economy is increasingly apparent.This will play an important role in promoting the economic and social development of both countries.With the in-depth development of economic cooperation between Mongolia and China,the number and types of contracts signed by companies and individuals of the two countries are increasing day by day.Due to the differences between the contract legal systems of Mongolia and China,contract disputes occur from time to time.In order to optimize the economic cooperation environment between Mongolia and China,it is necessary to conduct a comparative study on the contract laws of Mongolia and China,so that the two countries can be as consistent as possible on the basis of the advantages and disadvantages.With the relative lag of contract law in Mongolia,this comparative study is of great significance for Mongolia to improve its legal system of market economy,participate in "One Belt One Road" initiative cooperation and promote economic and trade exchanges with countries along the belt and road.In addition,Mongolia is a country of continental law system,and Roman law has exerted an important influence on the legislative concept,legislative principle,legislative mode and law application of Mongolian and Chinese civil law,which has laid a good theoretical foundation for the comparative study of contract law between the two countries.The civil legal systems of Mongolia and China both refer to the French civil code and the Germany civil code,which lays the institutional foundation for the comparative study of the contract law between the two countries.Years of economic cooperation between the two countries have accumulated rich experience in adjusting the contractual relationship between the two subjects,which has laid a solid practical foundation for the comparative study of the contract law between the two countries.As far as the current situation is concerned,although Mongolia and China have many similarities in their legal systems,influenced by economic development level,population,social environment,geographical location and other factors,the contract laws of the two countries are still obviously different in some aspects.In general,China's contract law is relatively perfect,which is reflected in the origin of the contract law,the positioning of the contract law in the civil law system,the structure and framework of the contract law,the basic principles and specific contents of the contract law and many other aspects.In accordance with the requirements of the socialist market economy system,the contract law of China establishes the contract law rules for market transactions.More importantly,China's contract law takes equality,voluntariness and honesty as the fundamental value orientation to construct the legal system of contract,which reflects the arbitrary legal characteristics of strong autonomy of contract meaning.China's contract law is internally divided into general provisions and specific provisions,both of which are equally divided into multiple levels to adjust social relations in various aspects.Not different with China,Mongolia does not have a specific contract law,and the contract legal system is included in the civil law and other legal systems.With the rapid development of Mongolian society and economy and the acceleration of Mongolia's integration into "One Belt One Road" initiative,the contract law needs to adapt to the new situation of extensive international economic cooperation.Therefore,the contract legal system in Mongolia should be codified and further strengthened in integrity and systematic.Traditional contract theory and modern contract theory have a profound impact on the contract law of Mongolia and China.Respecting the free will of the parties is the basic spirit of the contract law of the two countries.At the same time,the institutional freedom advocated by traditional contract theory and modern contract theory shows the necessity of restricting the freedom of contract in specific circumstances.There are similarities between the development of contract law in Mongolia and China.In ancient times,there was no written contract law in Mongolia and China,and the contractual relationship mainly depended on the trading practices or folk ritual system adjustment.There are also obvious differences in the evolution path of contract law between Mongolia and China.In Mongolia,the development of contract law is by leaps and bounds.There was no written contract law in ancient Mongolia.Modern Mongolian contract law has become an integral part of the civil code.The development of Chinese contract law is gradual.Chinese contract law starts from scratch,then disperses to unify,finally from the special legislation to the codification.The civil capacity regulations of Mongolia and China are obviously different.Mongolia "civil code" will be a natural person of civil action competence is divided into four types,namely the full capacity for civil conduct,part of the capacity for civil conduct,some capacity for civil conduct,no capacity for civil conduct,ages,unlike China,also specify the section capacity for civil conduct and some person of civil action competence to implement the scope of civil juristic act independently.The general principles of civil law of China divides the capacity for civil conduct of a natural person into three categories,namely,full capacity for civil conduct,limited capacity for civil conduct and no capacity for civil conduct.Contract law is an important part of the civil code being compiled in China.Moreover,both Mongolia and China are trying to reconcile civil and commercial law.Commercial contracts shall be governed by separate laws.Whether the general norms of commercial law should be included in the civil code has not been determined.The contract legislation principles of Mongolia and China have much in common.But there are differences in the freedom of contract.Mongolia emphasizes the protection of contract freedom and does not interfere with individual rights and obligations.On the premise of recognizing the autonomy of the parties' will,China also pays attention to the necessary restrictions on the freedom of contract.Mongolia and China have basically the same procedures,forms and essential clauses for concluding a contract.Mongolia can learn from the Chinese contract law on the offer change,offer withdrawal and revocation,acceptance withdrawal,conditional contract norms.Mongolia and China have basically the same requirements for the contract to take effect.Mongolia can learn from China's research results on increasing the type of contract effectiveness,prudently determining the contract invalid,and the parties agreeing on special effective requirements.Mongolia and China have basically the same provisions on legal termination of contract and agreement termination.Mongolia can learn from China's research results on the right of judicial rescission requested by the breaching party,the difference between expected breach and uneasy defense,and the predictability standard of fundamental breach.Mongolia and China have basically the same way of contract relief,and both are concerned about the compensation for damage to personality interests.The mutual inspiration and reference of the contract legal systems of Mongolia and China can improve the legal environment in the commercial field of the two countries,and is the direct and primary legal guarantee for the extensive and in-depth bilateral economic cooperation and the rational and efficient resolution of contract disputes.In the process of "One Belt One Road" initiative cooperation,the civil and commercial activities between the two countries can be well promoted.At the same time,the primary legal feature of contract law is the equality of rights and obligations of the subject of legal relations.The comparative study of the basic theory of contract law and the legal system of contract plays an important guiding role in promoting the all-round cooperation in economy,politics and other aspects between the two countries.