Practical Full Book of the People's Republic of China Contract Law

Author: Liu Jiachen Ma Yuan
Publisher: Xiyuan Press
Publication Date: 1999-04-01
Features: The "Practical Compendium of the Contract Law of the People's Republic of China" (hereinafter referred to as "Contract Law") is a large-scale, comprehensive legal reference work that systematically elaborates on the Contract Law system in China. It was passed and promulgated by the National People's Congress in March 1993. The Contract Law is a vital legal document for building a socialist market economy and is indispensable for companies, citizens, and judicial administrative departments engaged in commercial and civil activities. However, due to its extensive system, profound theories, and complex content, the Contract Law is not easily understood or applied by non-professionals. To address this, this "Practical Compendium" was co-authored by experts and scholars from the Contract Law Drafting Committee of the National People's Congress, relevant ministries, and some renowned higher learning institutions. Its purpose is to provide guidance and assistance to enterprises, citizens, and judicial administrative departments in practical operations.
The book adopts the method of interpreting the provisions of the Contract Law, offering a comprehensive introduction and explanation of all its provisions. Each provision includes the following content:
1. Main Purpose: A brief overview of the central content of each provision is provided in simple terms, serving as an index for readers to refer to the relevant provisions.
2. Interpretation of the Provision: This is the core part of the book. The authors explain the theory behind each provision in accessible language while emphasizing its practical applicability. Additionally, in the interpretation, the authors conduct detailed analyses of issues not covered or inadequately addressed in the Company Law, enabling readers to gain a comprehensive understanding when encountering problems.
3. Related Regulations: Although the Contract Law itself contains over 400 provisions, real-life situations are more complex, and the Contract Law alone may not solve all issues. It must be used in conjunction with other relevant laws and regulations. To facilitate readers' reference and proper application of the law, the authors have attached relevant laws, administrative regulations, and judicial interpretations to each provision.
4. Cases: The aim of this book is to help readers quickly and conveniently understand and apply the Contract Law in practice. Therefore, the authors have listed one to two cases for each provision, with some more complex provisions including three to four cases. Through the analysis and introduction of these cases, readers can gain a comprehensive and intuitive understanding of how the provisions of the Contract Law are applied in real-world scenarios.
The book contains over three million words in total and includes a substantial number of standard contract formats in the appendix, providing readers with references and even direct use of relevant contract templates during drafting. The book was co-authored by legal experts and scholars from universities such as Peking University, Tsinghua University, Renmin University of China, and China University of Political Science and Law, as well as leaders from the Contract Law Drafting Committee of the National People's Congress, the Legal Affairs Commission, the Supreme People's Court, the People's Bank of China, and the State Administration for Industry and Commerce.
The book is edited by renowned legal expert Professor Zhao Zhongfu of Renmin University of China and Professor Ma Junju of Tsinghua University as the chief editors. It is overseen by Ma Yuan, former Vice President of the Supreme People's Court, Vice President of the China Judges Association, and a legal professor, as the chair of the editorial committee, and Liu Jiachen, current Vice President of the Supreme People's Court and a legal professor, as the vice chair of the editorial committee.