Analysis On International Trade Practice And Its Application

With the increased exchange of international economy, the international trade practice has played a more important role as frequent application. Meanwhile, according to the export affairs, it is very likely to appear unprecedented problems when apply such matters in the filed of international trade practice, especially, it becomes more essential to do further research as there is no specific and reasonable regulations in present PRC.It is thought that the international trade practice was spontaneously formed by merchants in the international trade transaction, which was widely accepted as the norm in certain industry or certain areas. Different from the other domestic laws and international regulations in common sense, the international trade practice is always considered as the middle space from the fact to law; however, it is self-evidence that it has been rational existence in the real trade world. Except for the written provisions, many of the international trade practice were established by usage in each field, which make it have the extinguish character from the other legal form such as autonomy, randomicity. Whatever the litigation or arbitration, the application of international trade practice is always different from the ordinary legal system, although it should limit in some domestic laws and the principles of civil and commercial law, it still could be extraordinary as a quasi-law when solve the disputes of international trade.In this paper, it will introduce the nature of the international trade practice, characters and exhibited form, then the author states about the reason of rational existence, the nature and status, through the above basis background; it will discuss the application of international trade practice, especially concerning the opinions and countermeasures of current China, which in order to make the international trade practice have the most suitable application.