중국 매매계약 사법해석의 쟁점에 관한 소고 - 무권리자의 처분과 동산 이중매매를 중심으로 -

In 2012 Chinese Supreme People's Court issued a judicial interpretation, called “The interpretation on the trail of contract dispute cases how to apply the law”, and the article 3is a provision about the efficiency of the contract and breach remedy in the case of unauthorized disposition. This provision adjust the relationship between article 51 and article 132 of the Contract Law according to the provision of property changes distinction principle. This paper argues that in the description of the relationship among these laws, we should pay attention to distinguish the creditor behavior and the juristic acts of real rights, and the “disposition” in unauthorized disposition should be juristic acts of real rights. Because, only in this way can we clarify the above problems. Judicial interpretation of the contract of sale" on 9 and 10, respectively, are provided to determine the ownership of the multiple trading of ordinary chattel and special movables. The drafters of judicial interpretation are intended to achieve the purpose of maintaining the principle of good faith through a variety of standard to prevent multiple trading. However, since these standards contrary to the basic legal, although pay more attention to the reality, but also do not accord with the related provisions of the Property Law, so they will create a lot of confusion.