New China's Contract Law Of The History Of The Development And Improvement Of Test

In order to meet the socialist market economy need to develop, overcomes the old law of contract existence the flaw, the conclusion contract legislation "the tripod sets up" (i.e. "Economical Law of contract", "Touches on foreign affairs Economical Law of contract" and "Technical Law of contract" three therapeutic methods coexisting) the aspect, formulates newly, the unification law of contract imperative."People's Republic of China Law of contract" the legislation work is responsible by the National People's Congress law working committee, from 1993 by the legal expert, the scholars began to draft together, after revisesed five times, Standing Committee of the National People's Congress separately in "People's Daily" and "Legal system Daily paper" on the full text announcement law of contract draft, by the widespread questionnaire opinion, this action is called "the referendum", finally discussed in 1999 nine session of National People's Congress two conferences passes. Looked from the legislation process, "Law of contract" is born the course legislates in the history in our country quite to have the typical significance, may say is reform and open policy later our country legislates the history miniature. Looked from the content that, "Law of contract" was reborn in the past three law of contract foundations, the article reached 428 much, not only the old stipulation which could not adapt completely with the realistic situation has carried on a series of consummations and the supplement to some, also established certain new rules, the characteristic has been prominent." Law of contract" may say is a quite advanced law, its formulation and implementation, to maintains the social economy order, the promotion domestic economy, technical and the foreign economical trade development, the safeguard socialist construction enterprise carries on smoothly, has the extremely vital role.Establishes the law of contract formulation history research after new China, has certain academic significance and the social significance. The present paper used the comparison method, the real diagnosis method, the historical development method elaborated the law of contract unification question, was for the purpose of being clear about the contract legislation through the correlation research in the legislation history typical significance, simultaneously sought the legislation the success experience. The present paper full text divides into the introduction, the main text and the conclusion three parts, among, the main text is composed by the under four small parts.First part, old Chinese contract legislation evolution and characteristic. The article simple example has counted our country ancient times the law of contract content, and summarized the old Chinese contract legislation characteristic, and analyzes. The part, mentioned from the new China's contract legislation, after introduced new Chinese young Henry our country law of contract start stage and the development phase basic condition. Has analyzed old law of contract existence certain flaws and the reason, pointed out the law of contract faces unitizing, scientific and the modernized question, draws the unification law of contract imperative conclusion. Second part, narration law of contract unified process, this is the this article primary coverage. In front of formulation unified law of contract, first has formulated the legislation plan, had stipulated the formulation law of contract guiding ideology, the law of contract bare bone, the law of contract basic principle, this had the very strong guiding sense to the law of contract formulation, this article does regarding this introduced one by one. Meets down after, paper comes out on the law of contract draft, the process repeatedly proof and the revision, has carried on the detailed description, endeavour reproduction situation then. And uses is approximate in the method which enumerates, introduced the new law of contract system and the content, in which introduced with emphasis new law of contract determination certain new systems, simultaneously also and the old law of contract has made in certain degree comparison. This chapter last elaborated the law of contract new characteristic, has manifested the new law of contract new place and progressive. The third part, definitely the law of contract formulation historical significance and the value, it took the legislation model in particular the significance. Last the part, with emphasis elaborated the unification law of contract further consummation.