International Civil And Commercial Treaties In China, The Application Of Research

Treaties, as an important source of contemporary international law, play a pivotal role in international communications. Since the founding of the PRC, especially since the reform and opening up, China has concluded a large number of civil and commercial treaties with foreign countries, but Chinese legal system, in particular the Constitution, has not yet established a uniform and clear rule of civil and commercial treaties-application in domestic, thus, the fact leads to the differences in judicial and administrative departments'understanding at all levels when they are dealing with the application of civil and commercial treaties. This article aims to explore the general principle of settling the problems of civil and commercial treaties-application in China by the means of theoretical and empirical analysis and by learning from foreign legislative and judicial practices.This article is divided into five chapters. Chapter 1 is the introduction of the article, which introduces the basic concepts related to the civil and commercial treaties and clarifies the meaning of their application in China. This chapter separates the problem of civil and commercial treaties-application in China into three parts:the acceptance of treaties in Chinese legal system, the manners of treaties-application in China and the relationship of force and effectiveness between treaties and Chinese law.Chapter 2 discusses the acceptance of the civil and commercial treaties in Chinese legal system. It points out that the acceptance of treaties in Chinese legal system is the premise of treaties-application in China and puts forward that all the treaties, including the civil and commercial treaties, should be adopted into Chinese legal system by uniform provision of Constitution.Chapter 3 discusses the manners of the civil and commercial treaties-application in China. It points out that it is necessary to establish legislation of determining the manners of treaties-application in China to divides the treaties into directly applicable and indirectly applicable types. It puts forward that China should apply the civil and commercial treaties directly in principle.Chapter 4 discusses the relationship of force and effectiveness between the civil and commercial treaties and Chinese law. It points out that the civil and commercial treaties should be applied prevailing over Chinese law, and this prior application should be unconditional.Chapter 5 discusses the characteristics of the civil and commercial treaties-application in China. It analyses the characteristics of application of the treaties of uniform substantive laws, the treaties of uniform procedural laws and the treaties of uniform conflict of laws in China separately.