The Study Of The Xinao Sues Shanyi And East Companies Case

This passage is to analyze one kind of international trade disputes that is very co mmon in today's international intercourse by discussing the case that XINAO sued Japa n Shanyi and East companies. With the further development of international trade, variou s forms contracts also arise. How to deal with the business contract disputes has finally be come a public concern. At the same time, considering the complexity and professional ity of the international trade, both commercial sides prefer to find a professional agent t o assist themselves in the transaction, which also contribute to the diversity of the dispu te. Given all the reasons above, it becomes increasingly important to identify the case b ase relationship and apply the law correctly. this work analyzes the private international law questions of this case in detail, and discusses the international and our country le gal system through both horizontal and vertical comparison method. On this basis, the aut hor tries to put forward some propositions to the relevant systems, laws and regulations of China.This paper is divided into four parts. A general introduction will be given in the fir st section of each chapter.The second section expounds the development and change of legislation and practice i n our country. At last, the author will present his opinion about this case.In chapter one,the case will be introduced. The author introduces the details of t he case,include the cause of the case,the fact of the case and the decisions by the lawyers. The author tries to sum up the main private international issues involved to t he case. That is the characterization question and the law application question, in orde r to elaborate author's opinion.The second part is the characterization question. The question of characterization is a basic concern in international private law. In this chapter, the author lists the concep t, object legal basis of the characterization at first, then discussthe legislation and practice of characterization system in our country, finally analysis th e characterization problems involved to this case.The third part is the determination of applicable law. In this case, we will find two l egal relationships, which will be analyzed respectively. The author divides the case into two parts, determination the applicable law of business relationship and determination the appli cable law of agency relationship.The fourth part is the author's points of the case. Following all above passages, the aut hor tries to find the legislation and practical problems of the current system in our country, a nd then analyses the reasons, and gives reasonable suggestions.