International Treaties Applicable In The Chinese Courts

Treaty is the important tool in the international contacts. We are now staying in the highly developed international community, each country needs to contact with others, even the heavily self-enclosed countries. In today's world, convenient transportation, highly developed information make countries rely more and more on each other economically and contact with each closely. Where there is international contact, there is international law. A country needs not only contact, but also cooperation, and the well-defined rights and rights and duties. It is the treaty that provides such laws and rules, establish the rights and duties between countries. Adhering to the treaties is of great importance for keeping the international law order, for conducting the international contact and cooperation and for ensuring national interests. There is a principle called "treaty must be observed " in the international law, according to the principle, treaty is binding on contracting parties, the contracting parties have the duty to adhere to the provisions of the treaty and fulfill an obligation of the treaty.From the international law the national law's theoretical analysis, there exists the argument between the monism and the dualism, the two big traditional schools. Later, a new theoretical such as coordinating theory or connecting theory appears one after another, even some more pragmatic British or U.S. scholars look on the European monism and dualism with contempt. Anyway, the emerging and developing social basis of international law and domestic law, their object of adjustment, basis of validity, sources of law and measures of implementation and so on are all different, but the both are not isolated with each other, they have a close relation of mutual permeability and complement.International treaty is not only a static legal document, but an application. As the foreign exchange develops increasingly, the cases concerning foreign parties increase rapidly in Chinese court, the parties of these cases hope that court can apply international treaty to determine their rights and obligations. For the international treaties of the civil and commercial field which China acceded to or concluded, according to the principle in the basic civil and commercial law of our country, if the international treaty can be applied to some cases, the court has the duty to apply the treaty directly to the cases in trial of civil and commercial cases concerning foreign parties. The General Principles of the Civil Law, the Civil Procedure Law, the Maritime Law and the Civil Aviation Law of our country specify the applicable rules of the international treaty, and courts at various levels have quite a few precedents in which the international treaties were applied. But due to the international treaty's lack of system in our domestic constitutional government, the variety of international treaties, complexity of content as well, and the imperfection of the foreign-related laws and regulations in our country, the domestic courts apply the international treaties according to the positive analysis of empiricism, their applicable measures and emphasis are different, so it is difficult to lead to a general applicable rule.Joining the World Trade Organization make China actively participate in international competition and cooperation at a greater degree, in a wider scope and on a higher level. At present situation, the administration of justice needs to keep with the common international practice. Court is the important window of administration of justice concerning foreign parties. The trial concerning foreign parties relates directly to the judicial image and international status of China. To make the administration of justice of China take a place in the world is irresistible, that needs us to speed up the reform, set up the international treaty's constitutional position, adhere to the duties in the treaties, defend state sovereignty, strengthen the legislation and judicial explanation steadily, promote the reform of court structure and the reform of court trial procedures, work towards an international treaty application environment and promote the Chinese judicial authority and credibility.