On The Applicable Approach Of Principles Of International Commercial Contracts 2010

With the process of the globalization of international commercial activities, "U NIDROIT Principles" 2010(the following referred to as " Principles " 2010) has become the inevitable product of the trade and the development trend of the tim es. Also,it has become an effective way to resolve the international commercial disputes. China has moved with the development of the world since it carried ou t reforming and opening, especially in the near future "one region,one way", "As ian investment bank" policies.At the same time,it has put forward higher demand on the internationalization of Chinese commercial activities.Its legislative purpose is to convenient, facilitate and contribute to the trade as soon as possible. The three principles that counterpoising the private autonomy, protecting the security of transactions and protecting the trust have a lot of applicable space in practice.Compared with the 2004 version, the 2010 amendment not only enhances the p redictability and operability, but also enhances the possibility and reality of the a pplicable approach of “Principles”. It has more detailed content and perfect syste m. It also indicates a trend of private international law- the unified, which refle cting one of the goals of international private law is to reconcile the judgment.But "UNIDROIT Principles" 2010 as a non state law,it has been recognized and widely applied in the practice of international arbitration.The relevant cases and regulation will be discussed in this paper. But there are still a lot of consi derable controversies in whether “Principles” can directly recognized as an applic able law in the academia. In addition, that 2013 implementation of the "Supreme People’s Court on the application of Issues explain(a), makes the controversy magnifying. This paper analyzes the functions and characteristics of “Principles”, combined with the related judicial cases all over the world, using the historical a nalysis, empirical analysis, case analysis and comparative analysis. From the Inter national practice, provision on the " Principles " of the domestic law, applicable law of contract and the contract law, this paper analyzes the application approac h of " Principles ", to study the future trends of " Principles ", to improve C hinese relevant laws.