Interpretations Of Contracts In Judicial Practice

In the modern market economic society, interpretation of contract is one of the mostimportant systems in Contract Law, and also a basic tool to fulfill private laws'selfregulation. The research of the interpretation of contract in this paper is focus on thejudges'interpretation of contract in the process of jurisdiction. The new Contract Law ofour country has formed the basic system of the interpretation of contract of our country,setting up rules including interpretation of literary contents, systems and purposes etc. andthe supplementary rules of the missing articles, providing the basic rules and basis for thejudges when conducting the interpretation of contract. However, interpretation of contracthas problems of in the process of jurisdiction, and still can not live up to people'sexpectation. The paper analyzes several main reasons of interpretation of contract system'slack of valuation in the process of jurisdiction.The interpretation of contract requires the balance between rules of self governing andrules of credibility. Self governing is one of the foundations of private law's self regulation.Rules of credibility is balancing the interests between the parties, parties and the country,parties and the society, which is national power's way of interfering and limiting thefreedom of the contract. Therefore, rules of credibility shall have sufficient and reasonablereasons to deny parties self governing, otherwise the judicial power shall infringe party'srights of self governing under the private law. This paper come up with legalize ways ofinterpretation of contract during the jurisdiction. First, rightly use the rules ofinterpretation of literary contents as a supplementary of interpretation of contract, so as toknow the exact will of the party. Secondly, strengthen the democracy of litigation, knowingthe exact meaning of the contract through the debate between the parties. Thirdly, the judgeshall be responsible for the interpretation of contract, enhancing the persuasion of judgment.Fourthly, encourage the mediation between the parties, pushing the parties to dissolve thedispute on their own. Lastly, this paper comes up with some advices regarding toimproving the judicial systems of interpretation of contract, especially by strengthening theactivities of interpretation of contract and jurisdiction, and training the judges to be moreprofessional, so as to substantially improve our country's system of interpretation ofcontract.