Evaluation Of The Provision Of Article Three In Interpretation Of The Supreme People’s Court On Issues Concerning The Application Of Law For The Trial Of Cases Of Disputes Over Sales Contracts

The unauthorized disposition system is a basic system of civil law, which across the “general principles of the civil law ","contract law" and "property law". It involves the right person, the right to dispose of third people, the three party’s rights and obligations, mainly to solve two problems: the debts between the ownership of the property rights, the right to dispose of third people the relationship between the unity, in order to achieve the protection of property "static security" and "moving safety".Validity of unauthorized disposal contract as the core of unauthorized disposition system has always been the focus of debate in the field of civil law. China’s "contract law" provisions of article fifty-first for the right to dispose of the contract validity to be determined, but this provision was not so controversial subsided, there are still people who advocate the pending legal effect of unauthorized disposal contracts, some people advocate the right to dispose of the contract effectively, and advocates effective voice more and more.In 2012 the Supreme People’s Court announced the "on the trial of the law applicable to business contract dispute case explanation". The third clause of the judicial interpretation acknowledges the effectiveness of unauthorized disposition contract. In this background, the article argues advantages and disadvantages of the basic position of the Supreme People’s court about the third clause of the judicial interpretation.The comments have been controversial since the judicial interpretation of article third came out, but they are scattered in various articles and most concentrated in the field of pure civil law. This article Based on the basic civil law, comprehensive legal methodology and legal interpretation to comprehensively evaluate the judicial interpretation of article third, hoping that people can more comprehensive understand of the judicial interpretation and the unauthorized disposition system. This paper argues that the judicial interpretation of article third conforms to the trend of effective right to dispose of the contract, to maintain the property to move safe, to meet the development needs of the modern transaction; and the system of bona fide acquisition more coordinated; comply with the basic idea of autonomy in civil code. But it conflict with the "contract law" article fifty-first, beyond the authority of legal interpretation, beyond the meaning of possible range of the literal interpretation, is the essence of richterliche rechtsfortbildung.