China Foreign Contract Law Applicable

In today's society, international civil and commercial exchanges, foreign-related contracts law applicable field conflict is inevitable. China wants to developing economy, improve the comprehensive national strength, we must encourage the development of international trade and economic exchanges, and this will cause more foreign contract law applicable conflict, properly handling foreign-related contracts applicable laws conflict for our country, is of great significance. So far, no foreign contract law applies to formulate a unified legal provisions, but in some related laws and judicial interpretation. The author chose this topic, hope to China by foreign contract law apply in-depth study of theory and practice in China, foreign contract law applicable legislation and judicial practice, the existing problems on the basis of our contract law applicable to the improvement of the legislation and put forward some ideas.This paper is divided into four chapters:The first chapter of foreign-related contracts and applicable laws are discussed. Concerning foreign-related contracts, standard definition. "The standards", "the nationality of the business to standard", etc. Our foreign factors of foreign-related contracts in China mainly by the supreme people's court "carry out about carrying out (civil law of the People's Republic) of some issues opinion (try out)" regulation shall first 178. In this paper, the applicable law of contract theory has carried on the earnest analysis, the contract law applicable methods are the same and the theory of segmentation, objective and subjective theory, including proper covering appropriate theory of international contract theory is applicable law and the present problem, achieved the same theory and the theory of segmentation and subjective and objective theory organically.The second chapter basically introduces Chinese contract law apply on the four principles, including the rule of autonomy of the will, the most significant relationship principle, apply the principle of Chinese law mandatory international treaty shall prevail, international convention shortage make-up principle. This paper introduces the principle of autonomy and the most significant relationship principle and application of the meaning and significance.The third chapter basically introduces foreign contract law applicable law evade several problems: the foreign law, and find out reservation of public order. This chapter is the key. This part of the main content of the supreme people's court on 2007 issue concerning foreign-related civil or commercial contract dispute applicable laws of some issues regulations as the research object, this paper focuses on the provisions of the applicable law for foreign-related contracts, and the new development of the theory behind these new rules and practical support.Chapter 4 of the contract law in legislation and judicial status for some analysis, based on China's foreign to the improvement of the legislation applicable laws and proposes some ideas. The author thinks in our contract law of conflict is the most advanced and perfect law of conflict, but the legislation also exists some problems. The principle of party autonomy is widely accepted by all the basic principles. But the legislation should choose the law or after the change of choice of law, shall be limited to the contract has been established to third parties and shall not harm the invalid interests, Also should perfect the law of choice scope, Increase the effectiveness of choice behavior law judge standard. The applicable law of contract special should be perfected gradually, for example, are forms of contracts and the contracting ability. In particular, should reflect in the contract to protect the interests of the weak side。...