On Legal Order Of Contract In Sino-Vietnamese Mutual Border Trade

The topic of mutual border trade such as Tea-Horse Trade and Tea-Horse Road in ancient china, which had been famous for thousand years over the world, has been more and more popular in nowadays when the contruction of market district of mutual border trade comes its upsurpe. Based on the historical and realistic irregulation in chinese border trade, many problems such as how to build a market district of mutual border trade, how to make full use of law to push forwad the standardization, the large scale, and the internationalization of market district of mutual border trade, and how to make the new order of international civil and commercial affairs come true in chinese border districts firstly, play a very important role in the development of chinese border trade and the contruction of market district of mutual border trade. This paper, set up in the theme of "the standardization of legal order of contract of mutual border trade", applies the theory of New Order of International Civil and Commercial Affairs to study the legal system of sino-vietnamese mutual border trade, based on the survey to sino-vietnamese mutual border trade and comparison analysis of contract laws and rules between China and Vietnam, tries to propose some scientific and feasible strategise and countermores which are in line with the actual.This paper can be divided into four charters, except the introduction. In the introduction,the author explains the seleted topic background, shows the historical development of sino-vietnamese mutual border trade, then,describes the current situation of the study on the law of mutual border contract which he lastly argues would be a very varuable academic field though nobody has reserched yet.The firth charter analyses the law and the legal order of contract of mutual border trade from the view of jurisprudence.The autor draws a conclusion that today’s theories of jurisprudence have always overlooked the law of mutual border trade, which cannot be found in chinese mordern legal system, so that some renovations will take place in the science of jurisprudence owing both to " Find of Laws for Mutual Border Trade" and to the birth of "law system" concept. The law system of mutual border trade has developed in unbalance and anomie phenomemones of legal order of contract, can been found everywhere in mutual border trade.The second charper discusses some basic themes in the field of the contractual law of mutual border trade such as its’historical development,source of law, content, structure and legal status.The development of the contractual law of mutual border trade is made up of four historical stages that are Full Party Automomy, Limited Party Automomy, Limited Witten Law and Disperse Witten Law. Besides, its’source of law includes international treaty law, foreign economic and trade law, internal administrative law, local laws and regulations, national policy and international practices. The contract law of mutual border trade,based on both principles of automomy and fair, with a rich content and an independent and complete structure, belongs to municipal law and private law, containing some characteristices of international law, civil law, commercial law, regulatory law and law merchant. Up to now, the contractual law of mutual border trade hasn’t realized its’legal departmentalization, still play as an important branch of contract law and a main body of transnational law.The firth chapter mainly relates to the pratical problemes about the legal order of contract of mutual border trade, by means of launching two surveies to the Dong-Xing and Pu-Zhai mutual border trade in the Guanxi Zhuang Automonous Region. The author tries his best to establish a ripe, natural and proper contractual law of mutual border trade with complete syetem, which will accords with requests of the new order of International civil and commercial affairs, through grasping pratical demands of contracts for mutual border trade, and by using comparison analysis of contractual laws and rules between China and Vietnam, after overcoming the conficlt of multiple orders.The fourth charter probes into how to build the legal order of contract in mutual border trade both market spot and market dictrict. As an basis of building legal order, state policy-making should face the large-scale developmental trend as "from spot to district" in mutual border trade, take a wise attitude to "crisis of mutual border trade" arising from waves of cross-nation economic corporation, and properly evaluate the historical functions of mutual border trade, furthermore, establish legal order in line with New Order of International Civil and Commercial Affaires by means of special legistalion in parts and charters, while reforming the unequal and predatory tradition of feudal contractual law for mutual border trade.This paper adds up to180notes and76,000words.