On The Applicable Laws Of Foreign Loan Contract In China

With the economic development,the number of foreign-related civil loan disputes has gradually increased.In 2015-2018,a total of 4616 foreign-related civil disputes,a total of3853 loan contract disputes,accounting for 83.28% of the total disputes,in foreign-related civil disputes in China It plays a decisive role.Because China's provisions on the application of laws concerning foreign-related loan contracts are more general,they are more controversial in the theoretical community,and they are even more varied in practice.Therefore,through the case analysis and empirical analysis methods,this paper collates the cases of foreign-related loan disputes(a total of 210 cases)in 2015-2018,and analyzes the main problems in judicial practice in China and the suggestions for solving them.This article is divided into five parts.The first part is the introduction.It mainly introduces the background and significance of the foreign-related civil loan disputes research,discusses the research status of Chinese scholars in related fields,and explains the research methods and innovations of this article.The second part mainly introduces China's provisions on the application of laws concerning foreign-related loan contracts.It mainly starts with the concepts and attributes of foreign-related loan contracts,and analyzes the principles and provisions of the laws applicable to foreign-related loan contracts in China.The third part mainly analyzes the cases of foreign-funded loan contract disputes from 2015 to 2018,and the empirical analysis of relevant cases,and finds out from this the judge's analysis of the legal application of foreign-related loan contracts.The fourth part analyzes in detail the specific problems existing in the legal application of foreign loan contracts in China in judicial practice.The fifth part puts forward concrete and operative suggestions for the inadequacy of the application of the laws governing foreign loan contracts in China.