Research On The Risk Burden Of Sales Contract In China

In2013, China become the world’s largest merchandise trading nation. As theworld’s factory, China has increasingly close trade relations with Other countries orregions directly or indirectly. China’s socialist market economy has undergonetremendous changes after decades of reform, such as market diversification,market-oriented, open, international. China’s economy has been in accordance with thegeneral rules of the market economy basically. Autonomy, equality, fair play, honestyand other attributes of market economy provide background and basis for thedevelopment of the "Contract Law". With the development of the world’s internationaltrade, trade law get more and more attention between countries. China’s sale contractlaw occupies a pivotal position in the trade relations. During the process of delivery, thedamage or loss of goods is inevitable. The burden of damaged goods involving theinterests of both parties. At the same time, the risk and breach often occursimultaneously, so that the burden risk problem is more complex. Therefore, the studyof trading risk has a very important practical significance.Chinese "Contract Law" is mainly draw on advanced foreign system, internationalconventions, especially related system "of the United Nations Convention on Contractsfor the International Sale" and after several years of research, discussion and bedeveloped, in part related to the sale of which the burden of risk, the main provisions insection142of the Act to section149. In addition, China is no longer believes that allstate power centralized in one of the advantages of the socialist countries, and throughthe institutional reform of public powers of the state and the owner of the strictdistinction between countries, the national public authorities are only responsible for theeconomic macro-control and appropriate intervention, and no longer engaged inbusiness activities.This paper looks at the concept of risk, characteristics, as well as a variety oftheories to analyze the relevant issues. Firstly, the most important field of internationaltrade,"the United Nations Convention on Contracts for the International Sale of"American "Uniform Commercial Code" and other major countries risk bearing system;Next, the contents of the risk burden on the system, and then with the said Conventionand other state institutions for comparison; Finally, there is the risk burden on Chinesesystem of Review. A long time in the judicial interpretation of the research process of the court system, administrative regulations, and representative cases be included in the"special risk trading patterns burden" study and discuss Orders for internationalcommercial affairs, spirit of international conventions, hope help to analyze legal issues,which made more comprehensive and equitable legal advice, as the academic, practiceor amending the law in the future reference.