Research On Modern Lex Mercatoria And Application

After the Second World War, along with the world political pattern change and the rapid development of social productivity, the global economy presents the development trend of integration, unified international market gradually formed, transnational commercial and trade activities booming. However, various countries general law being special political, economic, traditional habit background are not identical, among them great differences, which can not meet the demand of international market integration. It is reality require that resulted in international commercial law rules change, this kind of change is not only embodied in the World Trade Organization as the core, to the GATT as the carrier of the world multilateral trade legal system, but also the performance of the revival and development of Modern Lex Mercotoria. Modern Lex Mercotoria developed on the basis of the medieval law merchant, is the international commercial rules that businessman created or choose in in the long-term practice.Modern Lex Mercotoria emerge and development, making the law new brand-new topic, a comprehensive in-depth study of Modern merchant law, not only has a great theoretical value and profound realistic significance. In this paper the author uses the logic of theory analysis and empirical analysis method, from the history to the present, combined with modern merchant law meaning, based on the international legislation of the reality and development trend, discussed in the international commercial activities in the application of modern merchant law theory and practice, as well as modern merchant law in our country to adapt current situation, and put forward a proposal.The thesis consists three parts on Modern lex mercotoria and application research.The first chapter is about the basic theory of Modern Lex Mercotoria. Including Modern merchant law’s concept、origin、nature and potency. This paper analyzes the various viewpoints of scholars, and define the concept with the new features of the Modern Lex Mercatoria. Inorder to summarize the characteristics of different stages,the peper investigate the history of merchant law. Modern merchant law’s nature is the focus of the controversy in academia, this article from the view of the nature of Modern merchant law’s nature, not regarded modern merchant law as legality, for commercial activity without a universal binding force. The second chapter discusses the specific application of the Modern Lex Mercatoria. Modern merchant law’s application is the main point of this thesis, this part mainly for Modern merchant law applicable principles, applicable application approach and the restrictions and other issues. It is a objective fact that Modern Lex Mercatoria as a important way of regulate the international commercial activity. It has a important part in the international and domestic legislation. The meaning autonomous principle is the basic principle of Modern merchant law. Modern merchant law is the main route for the parties according to the principle of autonomy to choose suitable and the court or arbitral active for two. Modern merchant law as supplementary legal ways, usually in the meaning autonomous principle as the foundation, so the modern merchant law will be restricted by the meaning autonomous principle applicable scope, compulsory law, reservation of public order.The third part is the Modern Lex Mercatoria application in china. This part mainly discusses our country related modern merchant law legislative situation, in our country the specific application, and analyzes the problems in application, finally to improve modern merchant law put forward a few proposals.