Legal Research Of The Civil And Commercial Treaties-application In China

With the development of the global unified economy in the society, increasinglycloser exchanges and cooperation between the various members of the internationalcommunity,so foreign-related civil and commercial disputes increased.During the trial,the probability of International treaty on civil and commercial matters being appliedalso significantly increase. International treaties are important sources of internationallaw,because international treaties can determine the legal relationship of internationallaw quickly,effectively,comprehensively. And international treaties is an importanttool to adjust the legal relationship between the subjects of international law. WithChina’s reform and opening up, the number of international civil and commercialtreaties concluded by China has been an upward trend.But China’s Constitution andthe constitutional document don’t stipulate about how the international civil andcommercial treaties are applied in our country.Coupled with China’s actual situation,the overall quality of judicial officers are not high and lack of adequate legallogic.Judicial officers often are subjected to various pressures and constraints in thejudicial process.Despite some single-line laws and regulations involved in this, it isnot clear enough and complete.Lead to cause the phenomenon of chaos in the judicialpractice about how the treaty of the International Civil and Commercial Matters areapplied in our country. Research ideas of this article is to distinguish clearly the basictheoretical issues of international civil and commercial treaties applicable in our country. On this basis, the quest improve the international civil and commercialtreaties applicable in our system.This article is divided into a total of chapters. The first chapter elaborate thetheory’s relationship between the international civil and commercial treaty anddomestic law. Firstly analyse the relationship between international law and domesticlaw. Elaborate the point of view of "monism" and "dualism". Secondly discuss therelationship between the treaty with the domestic law and list four practices in theworld.Finally, on the basis of the theoretical relationship between international treatiesand domestic law, elaborate how to determine the relationship should be with theforce of domestic law and the International Civil and Commercial Matters Treaty.The second chapter describes the application of the International Civil andCommercial Matters Treaty. Firstly analyse how the international treaties areacceptable a country and elaborated its advantages and disadvantages. On this basis,elaborate how the Treaty of international civil and commercial matters are acceptablein our country. Secondly, card clearly how the treaties are applicable in a country.Andcombined with the International Civil and Commercial Matters Treaty situation in ourlegislative practice and judicial practice.Then elaborate the proposed InternationalCivil and Commercial Matters Treaty should be taken directly applicable.The third chapter presents that perfect the system of international civil andcommercial treaties. Elaborate from two aspects.One aspect is elaborate from thesystem of law.The other aspect is that establish the automatic performance treaties andnon-automatic performance treaties.