The Research On The Contract Risk Prevention In Agricultural Products Export Trade

The reform and open policy has been for 30 years. China's agricultural product trade has maintained rapid growth and all-round development. The total amount of trade has added up to78, 100,000,000 U.S. dollars in 2007 from 6,100,000,000 U.S. dollars in 1978. China has become the fourth largest importer of agricultural products and the fifth-largest agricultural exporting country in the world. In 2007, China's agricultural products exports amounted to 37,010,000,000 U.S. dollars. Behind the huge digit, it means that thousands of share trade contracts had been carried out. At the same time, because of the export contract arising, there are more and more trade disputes which has resulted in huge losses and brought about all sorts of adverse effects to our country's agricultural product export enterprises. The importance and seriousness of the contract, as well as the contract consultation and the sign process's complexity cause that the agricultural product export trade enterprises in the contract negotiations, the sign and the fulfillment process are facing kinds of risk. This article intends to explore the reason that the agricultural product export trade's contract risk produces and seeks for methods and countermeasures which the risk guards and melts and cuts probability which the export trade contract risk occurs and reduces loss which the risk creates so as to promote our country's agricultural product export trade healthy development.This article's main views include:(1)The contract of agricultural product export trade is an agreement that a national or regional parties carries on a transaction of agricultural products with the rest of the world's countries'parties about a clear relationship between rights and obligations of both sides of the agreement. The agricultural product export trade contract has not only the general commercial contract characteristic, but also has its own particularity which mainly displays in quality provision, quantity provision, packing provision, transportation provision and insurance clause and so on..(2) The risk of agricultural product export trade contract is refers to that during the agricultural product export trade activity, from the commercial negotiations, the contract signs to the contract fulfillment, the uncertainty caused by a variety of factors at different stages,the risk of agricultural products export contract negotiation phase mainly displays in the lack of international-trade negotiations with talent, the two sides of trading of agricultural products access to international market obtaining information which is asymmetry.The agricultural product export trade contract sign stage's risk mainly has non-standard content, the terms of the irregularities, ineffective agent signing that the signers do not go beyond the proxy or proxy. The risk of export trade of agricultural products to fulfill the contract phase mainly displays in the contract cheat risk, the breach of contract risk and the contract change or relieves risk and so on.(3)From the different period's risk performance of the agricultural product export trade contract negotiations, the sign and the fulfillment and the two angles of the agricultural product export trade contract management, it has analyzed the reason which the agricultural product export trade contract produces. The risk of the agricultural products export contract arises from the two main reasons: Each preparatory work has not completed before the negotiations; The agricultural product Export enterprise lacks of the importer's credit information and does not find out the importer's real situation; The both sides cann't sign agricultural product export trade contract according to the stipulation, which causes the contract invalid or can not establish; Either one or both of the trade sides are contrary to the principle of the actual performance or are not suitable to fulfill the principle; The importer's credit is bad. The importer has not honored an agreement ability who tempts the agricultural product export enterprise to sign the large amount order, but it has not the ability to fulfill the delivery duty. Then it obtains large amount penalty form the agricultural product export enterprise on ground of violation; The importer establishes the trap in the agricultural product export trade contract, agrees certain soft provisions and carries on the cheat; The agricultural product export enterprise has not set up the special contract management department and has not formulated the formulation suiting this enterprise's contract management system..(4) Combined with the performance of the risk, it provides some countermeasures to guard against the risk of agricultural product export contract. Speaking of the phase of the negotiation, first step is to investigate and establish the creditworthiness of the credit file of the trading partners; Next is to select the best talent in the international trade negotiations; Finally is to understand the style of trade partner's negotiation and build the harmonious atmosphere for negotiation. Speaking of the phase of the sign, the best thing is to complete the examination work of the contract terms and utilize guarantee measure scenically so as to guarant that the contract fulfills smoothly. Speaking of the phase of the fulfillment, from these aspects such as the risk of guarding cheat, the risk of the buyer violation, the risk of exchange rate and the risk of the contract changing, it proposes the corresponding countermeasure.(5)The section fraction management system of agricultural product export trade contract is an effective action that guards against the risk in the agricultural product export trade contract management process and has analyzed the empirical analysis through the concrete case.