Study On The Legal Issues Of China's Appointment Contract System

Pre-contract is one of the important ways for the parties to conclude a contract and is widely used in practice.It is a concept that is contrary to the present contract and refers to a contract that stipulates that a certain contract will be concluded in the future.This contract is a contract for the performance of the appointment.The appointment is still essentially a kind of credit contract,in order to further negotiate the content of its debt.In practice,such as booking a house,a ticket,etc.,all involve the determination of the appointment and the construction of the relevant supporting system,and the maturity and perfection of the reservation system for the civil subject Adapting to the ever-changing market environment,fixing transactions in a timely manner,and reducing business risks all play an important role.An appointment is materially binding on the conclusion of the contract,but is never affiliated with the contract.The appointment has an independent institutional function and research value.How to define an appointment,standardize the subject of the appointment,and the relationship between the appointment and the contract,not only has a positive impact on the rights and interests of the market subject,but also adjusts and guides the trading behavior of the market entity and promotes contract system.This article mainly takes the case of the Supreme People's Court Bulletin,the case of Xing jie Company and Yu du Industrial Company,and the housing sales contract dispute case.The first part elaborates the brief introduction and the focus of the dispute.The second part analyzes the legal things in the case.The last one is about the above-mentioned questions,drawing on the domestic and foreign legal practice experience and the main points of the theoretical circle,and proposing its own suggestions according to the relevant legal principles and methodology.Through the analysis of the key factors involved in the above cases as a standard for defining appointments,how to clarify the boundaries between appointments and the present agreement,this paper believes that in order to play the functional value of the appointment contract and reduce the legal risk,it must first In the legislation,it is clear what kind of legal status should be placed in the appointment contract,and secondly,in the judicial practice,the boundary between the appointment and the contract should be clarified as much as possible,and finally the effectiveness of the appointment contract should be improved,so that the system function can be fully utilized.