Research On The Issues Of Trading Usage

Habit is the earliest origin of the legal form, in the absence of statute law to follow era,substitute for those habits is the law for a long time, it develops with the development ofhuman beings, even before the country, trading habits as a branch of habit, there has been asocial life, especially by spontaneous popular and widely used in commercial activities.Professor wang liming mentioned "law is only the interception has a legal interventionnecessary part of the social life, to build into a legal relationship, as law and order". We can’tuse the refined products to eliminate and filtering was supposed to die trading habits.Habit is any legal culture under the background of the source of the existence of form,the law has many rules directly from the habit, and trading habits is habit since goods appearin the economic life of a major performance. With the development of the evolution of the law,some of the habits after a set term of deconstruction, restatement, eventually be integrated intothe enacted law, become a part of the enacted law evolution, another part of the habit isadmitted by the law of legal effect at the same time maintain the independence of the form,form an independent legal source of common law. Along with the development of the socialistmarket economy in our country, the judge in the judicial practice avail himself of the habit,especially the trading habits to judge the practice of civil cases, and got the affirmation andrecognition of the people’s Supreme Court, more than in contract law of PRC also mentionedtrading habits, admitted that the position of trading habits from legislation, the reference case,however, the author found that trading habits on the judicial application is mixed anddisorderly, and no laws and regulations of its judicial made clear and detailed provisions shallbe applicable.In recent years, the trading habits are more widely used in the judicial field, both partiesdue to trading habits straight up, the number of disputes in the process of activist judgestrading habits as a typical case is more and more the focus of controversy, the author thinksthat, both in legislative, judicial and theory of triggered "should give trading habits, what kindof status and how to justly scientifically trading habits" thinking. This article will be from trading habits of their own definition, characteristics, the meaning of existence, trading habitsin the legislative, judicial and theory on the status quo of the trading habits on the judicialapplication of shallow problem and perfect.