Principles of Contract Law and Adjudicative Practice

Author: He Zhi
Publisher:
Publishing Date: 2002-12-01
Features: The "Contract Law of the People's Republic of China" (hereinafter referred to as "Contract Law") is the core part of the General Principles of Civil Law and the fundamental law of the socialist market economy. In recent years, there has been a considerable amount of research and writing on the "Contract Law" in academia. These studies and writings can be broadly divided into two types: one focuses on specific interpretations and discussions around the provisions of the "Contract Law"; the other conducts theoretical research and exploration on various legal systems based on the provisions of the "Contract Law." However, the author's work, "Principles of Contract Law and Judicial Practice," is entirely different from the aforementioned types of writings. This book is based on the author's previous works, "Judicial Interpretation and Application of the General Principles of Contract Law" and "Judicial Interpretation and Application of the Specific Principles of Contract Law" (both totaling 1.4 million words and published by the People's Court Publishing House), and it presents an in-depth investigation into the implementation of the "Contract Law" over the past three years. The author has summarized the experience gained from more than a decade of economic trial work, fully absorbed the views and opinions of experts and scholars in civil law circles, revised the manuscript several times, and finally compiled this book to present it to readers. Specifically, this book has the following characteristics:
First, strong systematicity. The book takes the "Contract Law" as its main thread and divides it into 21 chapters based on the chapters of the "Contract Law." The content of Chapter 8, "Other Provisions," of the "Contract Law" is included in the chapter "General Provisions of Contract Law." Among these 21 chapters, they basically cover the entire content of the "Contract Law" and its judicial interpretations, conducting in-depth and accessible research on the "Contract Law" in the form of thematic discussions.
Second, strong theoretical depth. Although the book focuses on practical and operational research in judicial practice, it also pays special attention to incorporating the latest achievements in theoretical research on various aspects of the "Contract Law" from both domestic and international legal circles, reflecting its theoretical nature. This is also the requirement of "theory guiding practice." Many contents of the book, such as the liability for breach of contract, the right of defense in the performance of a contract, the right of subrogation and the right of revocation of a creditor, the liability for breach of contract, the reservation of ownership, the preferential right of redemption for construction contractors, and the termination of agency contracts, are current hot and difficult issues in theoretical research and debate. When researching and discussing these issues, the author extensively draws on the latest research findings from both domestic and international legal circles, combines practical requirements in judicial work, and proposes reasonable solutions. At the same time, the book also conducts certain theoretical discussions on issues that exist in judicial practice but lack corresponding theoretical research, aiming to fill the gaps in academic research in this area.
Third, strong practicality. The book starts and ends with the principle of being grounded in reality and serving judicial practice. When researching each topic in the "Contract Law," the author begins with specific cases from judicial practice, identifies the issues to be studied, and then uses "Contract Law" theory to solve them, followed by an analysis of the cases. At the same time, drawing on more than a decade of experience in economic trial work, the author summarizes and conducts in-depth research on the issues and several difficult problems that market economy entities should pay attention to when applying the "Contract Law" and that judicial organs should consider when applying it, such as the establishment, validity, performance, termination, and liability for breach of contract in the General Principles of the "Contract Law," as well as the sales contract, loan contract, and lease contract in the Specific Principles of the "Contract Law," with the aim of highlighting practicality.
Fourth, strong readability. The book takes the intersection of "Contract Law" theory and judicial practice as its starting point, focuses on specific issues in real life, combines specific judicial practice, selects more than 90 typical and representative cases, adheres to integrating "Contract Law" theory into practice, uses specific cases to explain abstract "Contract Law" theory, and applies law to cases and cases to law, striving to make the theoretical discussion of the "Contract Law" serve judicial practice and real life. Therefore, the theory in this book is no longer empty theory, and the cases are cases that happen around us, with the aim of highlighting readability.
The theory of "Contract Law" is profound and extensive, and the specific issues in real life and judicial practice are also complex and diverse. However, due to the author's limited ability, omissions and shortcomings in the book are inevitable, and it is also impossible to cover everything. The author sincerely hopes that readers and colleagues in the legal field will kindly provide guidance and suggestions. The author expresses their sincere gratitude.
The book "Principles of Contract Law and Judicial Practice" was reviewed by Professor Yang Lixin of the Law School of Renmin University of China, Doctoral Supervisor, Vice President Wu Hezhen of the Higher People's Court of Henan Province, and President Sun Guoqing of the Nanyang Intermediate People's Court of Henan Province. They provided many valuable suggestions and opinions on the manuscript and were kind enough to write the preface. During the writing process, the book received great help and support from Professor Wang Yi of the Law School of Peking University, leaders and colleagues of the Nanyang Intermediate People's Court of Henan Province, and others. In the publishing process, the book was warmly assisted and supported by leaders of the Legal Publishing House, Director Yang Ke of the Applied Law Publishing Center, and editor-in-chief Yang Yang. Here, the author expresses their heartfelt gratitude to them.