The Comparing And Researching Of Sale-Cotract System Between China And South Korea

International economic integration has become irresistible in today's world, which brings about more and more frequent contact between legal institutions of different countries. Conducting researches on buying-selling contracts, the most basic and representative element of a legal system, and making comparison between the various concrete systems of Korean and Chinese sales agreements enable the readers to have a better understanding of the discrepancies in these two legislative ideas and modes, and of the tendency of continuous integration of the two law systems. Therefore, while we continue to uphold the excellent legal tradition of our country, a comparative study on the sales contract systems of Korea and China is conducive to the borrowing of the novel and innovative ideas of Korean system, and to the amending of current legal systems of China to meet the requirements of social and economic developments.The economic deepening of Korea and China results in the frequent contact in trade between the two countries. Signing business contracts is the most basic form of transaction. Due to the differences in national conditions, political institutions and development courses of their legal systems, Korea and China boast different characteristics in terms of sales contracts.The paper firstly expounds on the conditions for both Korean and Chinese sales contracts to enter into force, and makes comparison of their concrete systems. The formation of a buying-selling contract entails two indispensable acts:an offer and an acceptance. In this regard, The Contract Law of the People's Republic of China, which was formulated in 1999, mainly adopts the relevant provisions in The United Nations Convention on Contracts for the International Sale of Goods, and makes some supplements and improvements to the conclusion of Chinese sales contracts based on the real situation of China and an analysis of Korean purchase contracts. Next, through comparing the validity of Chinese and Korean contracts, this paper makes analyses of both parties' rights and obligations. Third, the paper maintains that in the transfer of ownership and loading of risks, Chinese laws defines delivery as the dividing line, whereas Korean laws also attached importance to the condition of the cargoes. This proves that China and Korean have different emphases in the protection of the benefits of the buyer, the seller and the third party, causing differences in protection modes. Finally, after making a comparative analysis of two countries' contracts for the payment of goods by installments, the paper points out their differences, and the improvement China has made to this system.