The Way The Cisg Is Applied By The People's Courts On The Basis Of Empiricm

The 1980 United Nations Convention on Contracts for the International Sale of Goods(here in after referred to as the "CISG Convention ")is one of the most widely and frequently applied international conventions in dealing with international commercial disputes.It provides a modern,unified and fair substantive law system for international trade in goods,and its position in international commercial dispute settlement is increasingly prominent.Achieving the rational and uniform application of the CISG in the Contracting States will not only regulate transnational trade under a unified system of rules,properly resolve the possible conflicts in the process of multilateral trade from a judicial point of view,but also facilitate the realization of uniform transnational commercial law and the vision for the future.CISG itself,however,suffered from certain shortcomings,varied cultural,economic,legal and political backgrounds among States parties,and CISG did not provide a single authoritative path of interpretation,which ultimately led to confusion in the practical application of CISG,which not only directly undermined the credibility of the Convention,but also did not facilitate the construction of a unified and orderly international commercial order.Therefore,whether we can correctly understand the spirit and applicable principle of CISG in the litigation or arbitration procedure of international trade disputes is not only directly related to the realizationof the rights and obligations of the parties to the contract of sale of goods,but also to the CISG's judicial authority as an international treaty and the reconstruction of the international economic order in the multilateral trade environment have great influence.How to realize the reasonable application of the CISG in the judicial practice of the court is undoubtedly one of the problems we need to solve under the bad situation of international commercial integration.At the same time,exploring the process of applying CISG is also an important opportunity for our judicial institutions to constantly grasp and improve our country's right to speak on legal regulation issues such as the interpretation and application of international treaties such as CISG.This paper is mainly divided into four chapters to discuss,the first chapter is an introduction of theoretical basises,mainly on the related laws and basic concepts discussed in this paper.Starting from the legislative background of the CISG,combined with the semantic,context,legislative purpose and principle of its own comprehensive exploration,to find out the true meaning of the provisions of the legislator,with a view to presenting the objective perspective of CISG itself to its applicable principles of regulation.The second chapter,from the perspective of empirical analysis,by searching the judgment documents published online in China's judgment documents for the 10-year period 2010-2020 for the "dispute over contracts for the sale of international goods ",carefully read and analyze the contents of the cases that the court finally applied CISG to the main points of decision.summarizes the problems and differences existing in the application of the CISG by our courts in trial practice,and studies the causes of differences.The third chapter,based on the second chapter,from the differences of the application of the CISG in the trial practice of our courts,from the source of international law and the domestic legal framework system,demonstrate the legal basis of that our courts should directly and preferentially apply CISG.The fourth chapter analyzes the application of CISG in foreign courts,including the courts of common law countries and civil law countries.By analyzing the path ofapplication of CISG in other countries,summarize the reference points of Chinese courts in dealing with the same or similar problems.Finally return to our court itself,put forward practical suggestions CISG the application path of our court construction convention,and try to construct a suitable CISG application path for our court trial practice.