民事判决书范本中英文对照

　　（II）Whether is it valid or not that the“All-automatic Glove Machine Purchase-Sale Contract》has been signed by Jiang Nan Company, the Farming Production Society and Fei Da Company on May 6, 1998？

　　The appellant, Fei Da Company, thinks that, the actual buying relationship of this case is that, Jiang Nan Company sold the glove machine to Fei Da Company after Jiang Nan Company had bought the glove machine from the Farming Production Society. There are differences between the purchase price of Fei Da Company and that of Jiang Nan Company. Because Fei Da Company has no license ratified and issued by the state economy-trade branch in charge of the foreign trade, Fei Da Company has no right to carry out the foreign trade business. Thus, the contract signed by Fei Da Company and the Farming Production Society has violated the compulsive rules of the state law. Yet that doesn't influence the effectiveness of the purchase-sale contract between Fei Da Company and Jiang Nan Company. The Farming Production Society should be excluded from the parties of this contract. Consequently, it is maintained that the purchase-sale contract between Jiang Nan Company and Fei Da Company should be legal and valid. The law should protect the contents of the items in this contract. These have been provided： the special tariff payment paper （Imports and Exports, Hui Cun Customs）, the certificate that Hui Cun Border Trade Company imported 52 knitting machines from South Korea for Fei Da Company, the evidence of the fees for the agency, for the certificate, for the commodity check-up, for the port, for the customs, etc., which were all paid by Jiang Nan Company to Hui Cun Border Trade Company.

　　The appellee, the Farming Production Society and the Reckoning Group, thinks that： the all-automatic glove machine purchase-sale contract involved in this case has been signed through the three parties' negotiations, Jiang Nan Company, the Farming Production Society and Fei Day Company. In the contract, the promised sites for the delivery and the goods check-up are all inside the border of China. Therefore, the contract should not be regarded as the foreign-trade-related contract. It is just an ordinary domestic purchase-sale contract. So it is a valid contract.

　　Our court thinks that： Fei Da Company as being the first side and the Farming Production Society, Jiang Nan Company as being the second sides, signed “All-automatic Glove Machine Purchase-Sale Contract》on May 6, 1998, in which the marked goods ”all-automatic glove machine“ are provided by the main body of one side the Farming Production Society, the business of South Korea. Though the sites for the delivery and the goods check-up are all in China, the contract can't be considered as ”the ordinary domestic purchase-sale contract“. The contract should be considered as the imports & exports purchase-sale contract according to the main body and the object of the contract. ”Contract Law for the Economy Relevant to the Foreign Trade, People's Republic of China“ and the judicial explanations concerned are applicable to the dissension arisen in the contract. According to the 2nd item, Rule No. 3 in ”Solutions Applicable to Some Issues in ‘Contract Law for the Economy Related to the Foreign Trade' “ by the People's Supreme Court： ”The contracts made by the parties of our country, who have no the foreign trade business right ratified and issued by the state branch in charge, are invalid“. According to Rule No. 13 in ”Law for the Foreign Trade, People's Republic of China“which stipulates”The organization or the individual, who have no license for the foreign trade business, can entrust the agent in charge of the foreign trade to run the business in the domestic country within his business range“, because neither Fei Da Company nor Jiang Nan Company has no right to run the foreign trade business and they cannot directly sign the goods purchase-sale contract with the foreign businessman, so the ”All-automatic Glove Machine Purchase-sale Contract“is invalid due to being unqualified for the main body of the contract.

　　（III） Whether is it valid or not that the compromise agreement was signed by Jiang Nan Company and Fei Da Company on December 18, 1998？

　　The appellant, Fei Da Company, thinks that, the all-automatic glove knitting machine, which is disputed in this case, was sold by Jiang Nan Company to Fei Da Company after Jiang Nan Company had bought it from the Farming Production Society. There is direct buying relationship between the appellant Fei Da Company and Jiang Nan Company. Yet there is no direct buying relationship between Fei Da Company and the Farming Production Society. Therefore, the compromise agreement signed by Jiang Nan Company and Fei Day Company should be valid.

　　The appellees, the Reckoning Group and the Farming Production Society, both claims that, the compromise agreement signed by Fei Day Company and Jiang Nan Company should be invalid. The reason is that the main body of one side has not participated in “All-automatic Glove Machine Purchase-Sale Contract”.

　　Our court thinks that： the two respects of the law relationship are involved in “The Compromise Agreement” signed by Jiang Nan Company and Fei Da Company on December 18, 1998. One is the compromise agreement that has been reached by Jiang Nan Company and Fei Da Company because of the arrears for the purchase-sale of the socks knitting machine between the two sides； the other is the compromise agreement reached by Jiang Nan Company when they had dissension while their carrying out “All-automatic Glove Machine Purchase-Sale Contract”, which is involved in this case. For this case is about the settlement of the dissension arisen in the purchase-sale of the all-automatic glove machine between Fei Da Company and Jiang Nan Company, the Farming Production Society. So the promise in the “Compromise Agreement”, that “Fei Da Company should pay Jiang Nan Company ￥180,000Yuan as the payment for the socks knitting machine”, has no relation with this case because of belonging to another relationship of the law. Our court will not judge the effectiveness of this item. The promise in the “Compromise Agreement”, that “Fei Da Company should pay Jiang Nan Company ￥80,000Yuan as the payment for the glove machine, the rolling machine and the fittings”, is the compromise agreement reached by Jiang Nan Company and Fei Da Company when their dealing with the dissension arisen from “All-automatic Glove Machine Purchase-Sale Contract”. Although another party, the Farming Production Society, has not participated in the agreement, yet Fei Da Company does not have the right for the foreign trade business considering the signing and the implementation of “Full-automatic Glove Machine Purchase-Sale Contract”. So Fei Da cannot participate in signing the foreign trade contract； actually it has not had the direct buying relationship with the Farming Production Society. It is Jiang Nan Company that has entrusted Hui Cun Border Trade Campany （who has the right to do the foreign trade business） to import 57 glove machines from South Korea； and has also paid the relevant fees to Hui Cun Border Trade Company. Then, Jiang Nan Company sold the machines to Fei Da Company. Even if Fei Da Company didn't pay all the payment for the goods, the Farming Production Society could but claim rights from Hui Cun Border Trade Company and Jiang Nan Company according to the foreign trade contract, the Farming Production Society cannot claim rights from Fei Da Company. Moreover, Jiang Nan Company can claim rights from Fei Da Company according to its contract with Fei Da Company, in which the actual buying relationship has taken place between Jiang Nan Company and Fei Da Company. Therefore, because “All-automatic Glove Machine Purchase-Sale Contract”, which was signed by Jiang Nan Company, the Farming Production Society and Fei Da Company, is invalid, the Farming Production Society cannot have direct economic contact with Fei Da Company who has no rights for the foreign trade business. So the Jiang Nan Company's dissension from this contract, and then the compromise agreement reached with Fei Da Company have no relation with the Farming Production Society, the agreement should be considered valid. Because Jiang Nan Company has already come to the compromise agreement with Fei Da Company about the arrears for the glove machines, and actually the agreement has been completely implemented, it is untenable that Jiang Nan Company started a lawsuit against it.

　　（IV） Whether has the sentence of the first instance court violated the legal proceedings？

　　The first instance court made the sentence under the circumstance that Jiang Nan Company and the Farming Production Society had not paid the legal cost. It doesn't belong to the legal violation of the legal proceedings. Thus, it is untenable that the appellant claims the legal proceedings of the first instance should be illegal due to this.

　　Summarizing all the about-mentioned, it is untenable that the Reckoning Group and the Farming Production Society claims that Fei Da Company should pay the goods payment and compensate for the loss, and it is not supported by the law. This request is unreasonable and should be turned down. The facts that the first instance has identified are clear, yet there was certain improper place in the law applied. According to Rule No.2 in “Contract Law for the Economy Related to the Foreign Trade, People's Republic of China”, the 2nd item of Rule No.3 in “Solutions Applicable to Some Issues in ‘Contract Law Related to the Foreign Trade' ”by the People's Supreme Court, and （II） in the first item of Rule No.153 in “Code of Civil Law, People's Republic of China”, the sentence is as follows：

　　1. Withdrawing the civil judgment No.63 Yan Zhou Jing Chu Zi （2000） by the People's Intermediat

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