Comparative Study Of Laos And Chinese Contract Law

The achievements of China's reform and opening up more than 30 years surprised and praised the world.As a brother of the socialist camp,Laos also carried out its own new economic reforms at the end of the last century,hoping to achieve happiness similar to China's achievements,improve people's livelihood and let the Lao people live Better.However,the reform of Laos did not achieve the desired achievements;the reform road is still difficult.Although the two countries have their own national conditions,the opportunities and challenges are not the same,but in the face of the results of the world's second largest economy,as the country which is still seeking the direction is worth exploring researching,and studying.Just like the Chinese words "The other mountain stone,you can attack jade." I hope on the basis of studying the differences between the Laos and China,better to understand the strengths of China,better to find the lack of Laos,dedicated my own efforts in the reform road of Laos.Laos has made some achievements since the new economic reform in 1986,but in the globalization situation,our achievements are too small.Lao people did not fundamentally change the state of lives.Lao reform is constantly exploring way.Although we are also learning from China's advanced experience,after all,Laos has its own unique national conditions,blind learning will not leading the desired results.Learning experience should be "take the essence” way,we must be aware of the differences,discover your own problems,give the right medicine,blindly learn from the economic companion to the Fragile economic of Laos are fatal.The present pattern of the world is globalization,even if the conservatism prevails at present,but the historical trend is unimpeded.Lao economic reform is facing the impact of globalization.Globalization means that the globalization of capital,If Laos want to survive in this historical tide,the pace of economic reform have to speed up,the market economy has to be giving more attention.The first of the economic reform is to perfect the legislation,although we have the law,the law is too rough,too simple,which is fatal for the further reform and which is the obstacles for development.Therefore,I choose to make a reflection and suggestions from the perspective of perfecting contract law on the construction of constitutionality in Laos.I will do a comparative research between the two countries on contract law,puts forward Suggestions to perfect Laos contract law.I will be specific in the history of the constitutionality construction of Laos,to do a simple analysis on Lao contract law,at the same time to do analysis on the development of China's contract law,comparing the contract law of the two countries and finding the problem.Respectively,comparing the concrete from four aspects involved in Laos and China contract law of the development process and structure,the contract immediately offer,promise,contract content and form,the contract effectiveness.I know,the difference between the two countries is so much.As just experience 20 years reform,Laos is exploring countries.Laos is still in the exploring of constitutionality construction.The constitutionality of whole country is abstract,not partial.And the constitutionality of Laos now is not to the point of going to dig the details.The main objective is to make contrast in the general direction,principle and concept.As said,we still want the purpose of Laos is now to make normative documents can be used.As to the problem of the details,we'll consider after the text of the framework design,and application reasonable.This is in according with the national condition of Laos.Certainly the Laos development of economy did find a lot of problems which we will discourse in details.In conclusion,I chose four main directions in comparison,which should be considered at first to perfect the Laos contract law.Through the above description the main research method is a comparative study.More so fill the gap of contract law between the Laos and China in contrast and found the direction to perfect the Laos.By comparison of the four aspects in contract law from the two countries,we can clearly understand that the gap between the two countries is too big,even if China's contract law is not perfect,but China's contract law has been developing,From no regular judicial explanation promulgate,we can see that China is serious to enact a law and make it scientific.In Laos' s contract law,we cannot help sighing with emotion,even under the influence from national conditions and history,Laos contract law is worthy of thinking too much.The clause of Lao contract law seems coarse and it is not clear in abstract,framework,and concept.The lack of effectiveness of the contract,led the contract law in great challenging on application.Admittedly,Laos is restricted by current level of development.Laos is a mainly agricultural predominantly country now,it is still relatively backward in economic construction.”even in the time of peace should still prepare for war”.Laos has to live in a globalize world,it is unthinkable to get rid of the influence of globalization.So even now the conditions are not mature,we should still have the suffering consciousness,to put the judgment in long-term and make a consideration in the future for the Lao,as the words of the Chinese :”to look at problems from the view of development ".I see,Laos in the state of China now,similar with just opening up.Looking at China now,as I like to see the Laos in the future,our country must be developed,people live happier.I think in the process of economic reform,even if adhere to the "effectiveness “preferential policy in our country,do not concerned enough about the current state of "fairness",also the constitutionality construction is a little ignored.Through the studying of Chinese history,especially after China started to the construction of market economic,the achievements in the field of law makes me more firmness.The premise of sustainable economic construction is to have a scientific law.Therefore,it is very important if the contract law come to scientific,perfect and matures for the Laos future.So I put forward some Suggestions for the perfection of our country's contract law.I hope our contract law can make progress.Of course,the improvement of contract law is a big thing.First of all,Lao people need to have the idea of constitutionality.Furthermore,to clear the concept of contract law,make the structure of contract law to science,and set up a legal concept across the country.It is difficult enough to the development Laos.What are these? Even in China,it is also like Chinese words that "touch stone across the river".We believe that the prospects of Laos are good.There is another important thing that should be based on national conditions,to timely update on contract law,relevant judicial explanation should be keep up with,make the contract law have vitality.In this paper,I mainly adopt the method of comparative in the form of the contract law between the two countries.In my opinion,the current status of Laos should be located in the framework and concept.Because our national conditions have not got a high degree of economic development,a lot of problems can't study now.We have to wait for history to this point,and then lunch the research.Therefore,the view for contract law is the two big aspects,such as the frame,and concept comparison,but the specific problems not involved.I think it is scientific and reasonable.I also have a lot of regret,because by the influence of language and culture,it is difficult to understand and percept many laws in China,although I have collected a lot of material on the Laos and China,but there are challenges on digestion and it is which should be improved in the future.In order to improve the constitutionality construction of our country,I will try my best on this point.The research on contract law is a long-term process,with the promotion of Chinese in the future,I will also do further investigation on this point.In the end,the purpose for me to learning in China is to be able to contribute myself to the constitutionality construction of Laos.Now our country is promoting economic reform and will inevitably need legal support for a long time.So the research of this paper is meaningful to the development of the Laos.I hope that our country should have the consciousness of constitutionality in idea,clear in concept,science on the frame.The development of Laos has just started,the constitutionality is just beginning,what we need to do in infancy is to find the right direction,and the objective of this article is to the direction research.