Research On Trade Usage

Trade usage has been widely confirmed by contract law. It is also widespread applied in judicial practice. "Contract law" in our country has many clauses specified in the trading habits of application, and it confirms the standard effectiveness of trading habits and determines the validity of the law of civil trading habits in the form of basic norms for the first time. Its important position is a major progress of law of our country. However, what has to mention is that "contract law" has referred to trading habits, but judicial applicable regulations are very general and vague, making the judge hard to operate in the case. It becomes "empty provisions" that can not be concretely applied to protect the rights of the parties. According to the Article seven in the second judicial interpretation of "contract law", two explanations about trading habits are specifically stated. It provides determined rules and puts forward the trading rules habit burden of proof from two aspects. Obviously, this is another large legal progress in our country, but trading habits are very abstract concepts that cannot be fully explained its connotation with just one provision. In judicial practice, the application of trading habits still met with many obstacles, which would affect the rational distribution of the rights and obligations for the parties and the viability of court judge. Therefore, this article chooses trading habits as the research object, hoping to be used for reference in judicial application.There are four chapters, separately discussing the theoretical knowledge, legislation and judicial application.In the first chapter of the author, it mainly discusses the related theory of trading habits. Starting from the habits and the common law, it leads that trading habits respectively expound the definition and features of trading habits, trade practice properties, trading habits constituents, etc. The author analyzes various scholars point of view by synthesis combining law knowledge learned, and concludes that this paper views.In the second chapter, the author uses enumeration, comparison, and the method of comprehensive analysis to review that the major countries of two important legal systems how to deal with the relevant regulations of the habit.In the third chapter, it researches the relevant legislative provisions of trading habits, introducing the related regulations of trading habits in the " contract law", " contract law" interpretation, "matter right law" in our country, and summarizing and evaluating respectively.The fourth chapter is about the studies of trading habits in judicial application. It expounds emphatically from the status of trading habits, trade practice confirmation rules, trading habits of conflict resolution, trading habits of proof etc aspects, and proposed own understanding and ideas on this basis.In order to fully demonstrates this theme and improve thesis quality, this paper mainly utilizes literature research, qualitative method and empirical analysis method and so on. Designed by the trading habits of more in-depth inquiry, it could complement existing research on the trading habits of the judicial application of guiding significance.