Transaction Practices In Contract Law

With the rapid development of China’s market economy as well as the frequentcomplexity of the trading activities in1999, China promulgated the Contract Law of thePeople’s Republic of China ", noting that there are dozens of provisions in transactionpractices in order to truly establish the trading habits legal effect. China’s trading habitsrarely our existing doctrine dwell on the normative analysis of the trading habits, lessinvolved in the transaction in the habit of judicial applicable to many problems, especially allaspects of practice are not discussed in great detail. I also believe that the trading habits forvaluable judicial practice. For these reasons, I think and form the basic ideas of this paper:The first part outlines the basic connotation of the trading habits. To elaborate on threeconcepts-habits, customary law and transaction practices, different views of scholars onboth more accustomed to the process and customary law, which leads to the concept ofcontract law in trading habits, characteristics and nature from the discourse of nationalliterature and academics to deepen understanding of the theory of transaction practices,paving the way to discuss the details of the later.In the second part focuses on the basic functions of the value of the transaction practices.Trading habits the reason why the law has an important status and transaction practicesinherent value are inseparable.After the basic functions of the trading habits of discourse, thetransaction practices in order to come to the Contract Law in China, and thinking.The third part discusses the judicial application of the trading habits. With the rapiddevelopment of China’s economy, many items involve the application of the trading habits ofthis section combine the theoretical research, the problems encountered in the judicialpractice from the scope of the transaction habits, prerequisites and rules to be analyzed.The fourth part discusses the inadequacies of the trading habits of China’s Contract Lawas well as in our legal measures to improve. First, from the trading habits of the status of thesource of law, the scope and rules on the inadequacies in the law, and then I improve theprogram on the corresponding shortfall from the relevant aspects of discourse.