Comparison Research Of Chinese And American Deal Contract Law System

Along with the international economic process of integration, our country joins the WTO organization, between China and America's trade is frequent day by day, cargo business was still the most basic transaction form. The national conditions of China and the United States are different, political systems are different, the development course of its legal system differs widely too, in the field of deal contract, the legal systems of two countries demonstrate different characteristic too. Our country when formulation present "Contract Law", a large number of draw lessons from Great Britain American and French contract system of department partly in general provisions, but is dividing some, mainly draw continent law department and " international goods sales contract convention of the United Nations " of 1980. This article focuses to carries on the analysis to the China and America business contract concrete system, through the comparison discovered our country present law system existence the insufficiency, in order to promote the constant perfection of the legal system of our country.This text proceeds with concept of the deal contract, have explained the development course of contract laws of China and the United States and summarized the current situation of the legal system of deal contracts of two countries at first, and summarized the difference of two countries' system structure and form the reason; Later compared the regulation handed over of the deal contract subject matter about the laws of two countries, pointed out deal contract of our country should mean " material object buy and sell", category with U.S.A. " Uniform Commercial Code "(UCC) which was arranged stipulate " goods buy and sell" to be approximately the same, the category of the subject matter of thedeal contract stipulated of U.S.A. law should be greater than our country; In form of the contract, China and the United States demand to be different too to it, respect the party's will even more in regulation of our country, the regulation of and U.S.A. law helps to safeguard the trade safely even more; Then compare some peculiar concrete systems of deal contract, bearing the respect in the passing of title and risk, the regulation of Chinese law regards handing over as the demarcation line , U.S.A.'s law still emphasizes the sureness of the goods, so two country go to and third person emphasis point of protection of interests different to both parties in regulation of this question, on the issue that assure this of responsibility in flaw of betraying people , have only done the regulation of the sense of principle in our country's " contract law ", system imperfect, and U.S.A. rule guarantee to flaw it is thinning for responsibility to go on, and get rid of exhaustive regulation to the conflict that guarantee, its system is comparatively perfect.U.S.A. " Uniform Commercial Code " was made on 1952, exceed half a century already so far, some of system rich vigor extremely yet, we can draw lessons from their sound systems to perfect the legal system of our country.