Business Contract System Research During The Inspection

As is known to all, business contract terms of inspection period is not stipulated by our country "contract law" article 12 generally one of the essential clauses in the contract, but from a large number of related cases, the judicial practice in our country, there are still so many business contract dispute, and during the inspection clause is a lot of business contract dispute of the invasion. Visible, China’s contract law and its judicial interpretation about the regulation of business contract during the inspection system, also has many disadvantages. Less theoretical research about this problem, also more clutter. If each of our life, trade business contract has a perfect inspection period clause, so, we can avoid a lot of disputes, and can save the judicial resources without number. Therefore, in today’s commodity growing complexity, refinement, business contract terms is especially important during the inspection.Traced back, during the inspection system, originated from the modern European traders between commercial habits, practices, has a strong, change color, and then being absorbed by the capitalist countries, inheritance, improvement and development, although the different rules, in the end, the rules are introduced to the international commercial trade rules, is gradually by many emerging countries follow suit.And about the nature of the inspection system during battle is opinions vary, mainly has the statute of limitations, except during the period, mixing, independent, the loss of power during the period. After a detailed comparison and analysis, the author is agreed with the defined as scheduled period, mainly based on the characteristics of the inspection period, the legal effect, etc. And during the scheduled more fit.Our country "contract law" article 158, 157 set up by system during inspection, is not perfect, it still has certain problem, in view of this, the author also puts forward the corresponding solutions: first, our country existing during the inspection period, the discrepancy notice, quality objection period, dissent, many concepts such as the claim period, which makes the author confused, so in the thesis the author also clarify the part of the relationship; Second, about the nature of the buyer inspection behavior problems, mainly exist said rights and obligations, and said, is not really said or indirect obligations, rights and obligations combining with the theory of four kinds of theories, the author is said approval rights, mainly on the basis of the characteristics of civil law theory and the buyer inspection behavior during;Third, China’s contract law and its judicial interpretation not inform the content and form, the judicial practice lack of corresponding reference standard, easy to cause confusion, so here the author take effect from the body of the notice, content, time, form four aspects, Suggestions; The fourth, the inspection period whether there is a need to distinguish between the people, the commercial business, based on the practice of unfair, different value pursuit and conform to the trend, the author suggest or distinguish the treatment, which is reasonable; Fifth, although our country "contract law" the warranty period included in 2, article 158 of the inspection period, but the author thought it wrong, and from the legislative purpose, the right content, the responsibility between the two, during the period length, and so on five aspects are expounded; Sixth, about the legislation classification problem during inspection, there are three period, during the period of four, five said during etc, the author agrees with five said that during the statutory period, during the prescribed time, reasonable, during the period of two years, any; Seventh, in online shopping, online sellers, buyers, logistics company tripartite main body about acceptance "sign a posteriori" and "prior after sign", in view of this, the author suggested that the relevant industry association has some instructional standard to unify and lead the development of logistics industry, and the legislation should also protect the lawful rights and interests of the disadvantaged the buyer.Finally, those who have already built up business contract during the inspection system of refactorings, combined with the provisions of the law and judicial interpretation, this paper expounds the legislation classification during inspection, the statutory period, during the prescribed time, reasonable, during the period of two years, any; The author also described that the related factors should be considered during the reasonable, namely the nature of the transactions between the parties, the purpose of the transaction, transaction and trading habits; The subject matter of the types, properties, the quantity, nature, installation and usage, arrival time, packing and shape; The degree of the subject matter flaw; The buyer’s own reasonable attention obligation, inspection method, inspection method, inspection standard; The purchaser or the inspection environment, their skills, the parties, the speed of communication; The subject matter of the transport, transport and delivery, etc.