| Our country already has joined WTO for five years. Facing the more and more open to the outside world and the further strengthens of the foreign trade relations, we have to be clear about with and renew to international trading usage extremely, and then we can maintain our right in international trade and built the new international economic order. The international trading usage also was called the international trade practice, international economics and trade custom, international economy usage and so on. We think the international trading usage are the random standard of action what forms gradually ,observes frequently with accepts generally and make the response sense of obligation and the reasonable expectation in the international trade practice. I thought the international trading usage is not a law. Analyzed from the production and development of the international trading usage, it has a gradual characteristic.Related the use of international trading usage in our country, talking about the rational value judgment about the international trading usage, I opposes making absolute refuses the specific international trading usage by unfairness to be use for specifically international commercial trade. But in this question, what we need is sparse but not stops up. It requests to make a multi-supplements way that face to the international transaction participant of our country in our legislation and encourages these people use the international trading usage in the international economy transaction. Court or arbitration facilities discrete assurance size in judicature in order to only remove the custom what obvious and serious unconfirmed to the imperative law and good male vulgar in our country. Talking about the basis limits of use of international trading usage, I thought "may use the international convention " in the law should includes the entity standard international custom as international trading usage and conflict stipulation international custom. Talking about the use sequence of international trading usage, I think the sequence should be: international imperative law > national law forcefully standard > international trading convention≥international convention haphazardness standard≥national law haphazardness standard by respect the principle of matter person meaning.Because of received the affect of national condition, the correlate legislation of international trading usage develops slowly in our country. The people show a conservative manner in this domain and the majority thought and suggestion of legislation pauses at the stage of theory discussion. The main academic idea and theory controlled the correlate legislation of use of international trading usage in our country. I attempt propos two kinds of opposite legislations suggests which retain and improvement regarding the current correlation legislation condition by discussing two questions. Talking about international trading usage being use omits with the difficult situation rule legislation, I think that if continue limiting the difficult situation rule to legal science research area in our country, the general trading swapper who are the non-legal science studies will very difficult to know this principle fully and utilized it reasonably. The unbalance between domestic and foreign legal system environment and trading idea make the benefit of our country's enterprise, individual loses significantly by unfamiliar and unbelief to the difficult situation rule in international trade. Talking about the public order removes international trading usage, I think it's unique that not only the public order retention provision aims at the foreign law, but also aims at international usage in our country, but it don't mean these stipulates are unreasonable, backwardness and stale. The court also may rest on the basic principle, the similar article or the basic spirit in our country law to referee case after international trading usage be removed by public order.
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