The Contract Interpretation System In China

The contract is playing an important role in today's life. Thousands of contracts will be made each day. However, lots of dispute will occur almost simultaneously due to the different understanding of the words and the different background of education.These disputes must be resolved by the interpretation of the contract according to some standards. In the past years, many theories have been developed concerning this matter. Among them the will theory and the express theory are most popular ones. The former one indicates that the true meaning of the contractors should be respected first in spite of the meaning of the words. But the latter takes a different attitude towards the meaning of the words, which believe that the word is the only subject to be interpreted in spite of the true meaning of the contractors.In China, the law-makers combine the two theories together but pay more attention to the interpretation of the word in order to protect the interest of the social stability. Judges are given the power to use several methods when they try to find out the right meaning of the contract.But there are still a lot of details not being included in the law. How to use these method correctly and what we need to do to improve the standard is still a big issue to be answered. In this article, I try to give some opinions of my own on these matters with some cases as followed.