Research On The Application Of CISG In Chinese Courts

In recent years,China's influence on international trade is increasing.The application of international treaties normatively is an important way to improve the international image of China's judiciary.CISG was adopted by the United Nations Commission on International Trade Law in Vienna on April 11th,1980 and accessed by China in 1986.While,through the analysis of the cases published on China Judgements Online,it is that Chinese courts lack the accurate understanding and application of CISG.In view of this,analyzing thoroughly the application rules of CISG,this paper points out the mistake of Chinese court's applying CISG.There are four parts in this dissertation:The first part is the discussion of the application rules of CISG.Unlike domestic commercial laws,the CISG does not stipulate all aspects of the contract.The first chapter of CISG stipulates the subject,object and scope of legal entity involved in the contract.The CISG can only be automatically applied when the contract meets the three requirements of the above.When accessing CISG,China declared that it would be bound by 1(b)of article 1 and article 11.At present,China withdrew the reservation of article 11,but the reservation of 1(b)of article 1 still affects the application of CISG.The second part is about the application of CISG in China.At present,Chinese courts apply CISG mainly referring to the General Principles of the Civil Law of China and Supreme people's court's judicial interpretation.Chinese courts also apply CISG with the three methods stipulated in this convention,direct application,indirect application and choice of CISG as applicable law.From the development of CISG,the implied exclusion of the convention is allowed,but only when the parties agree to apply the law of non contracting parties or the specific internal law of the contracting parties,which leads to the exclusion of CISG.The third part is the specific analysis of the problems in the application of CISG.With the insufficient legislative authority of application of CISG,Chinese courts often apply the conflict of laws mistakenly,instead of applying CISG to solve international trade disputes.Besides,it happens that CISG is applied incorrectly.Chinese courts can not apply CISG expertly and adequately.These problems illustrate the lack of understanding and application of CISG in Chinese courts.The fourth part is the suggestion to the application of CISG in Chinese courts.It is the effective method to stipulate the status of international treaties in China's constitution or promulgate the Supreme people's court's judicial interpretation and guiding cases.When applying CISG,Chinese courts can take "three steps" method to determine correctly whether to apply CISG.When settling cases with CISG,Chinese courts should also pay attention to reason things out correctly and accurately.