The Application Of The PICC In China

The Principles of International Commercial Contracts has arouse wide concern inacademia,business and judicial since it was published in1994. In order to meet the practicaldevelopment,Association of private international law passed the revised version in2004and2011.PICC has not been made full use of in China in that China’s court, the arbitration tribunal andbusinessmen do not pay enough attention to the good system resources and legislation lags behindthe practice development.Combined with China’s judicial practice and legislative status, analyzing of foreignexperience,the passage takes the further application in China as the theme.By using the methods ofliterature analysis, case analysis and comparative analysis to explore the improvement oflegislation and practice,we can take better application of PICC.This passage is divided into threeparts：The first place,we briefly introduce the academic definition of PICC. Then we summary theadvantages of PICC in legislative form, content and position etc.The second place,we study the PICC application in China.We can summarize the problemsthat PICC has not establish applicable law of contract status,and not admit the implied choice inlegislation through analysis of the status of PICC in Chinese court and arbitration tribunal.And wealso can summarize the China is still on the applicable after the review stage and needs to bestrengthened through analysis of the status PICC in China in the interpretation of laws applicable.Combining the current situation of legislation in our country,we take the illegal contract andrestitution as two themes then we Put forward their own point of view.In the third place, we put some suggestions are made in the two aspects of the feasibility oflegislation and practice.