中美合同法对要约和承诺规定的比较研究

本文对《中华人民共和国合同法》、美国《统一商法典》和普通法有关合同成立要件中的要约和承诺的相关规定作了对比研究，进而指出：我国合同法对要约和承诺的规定虽然借鉴了市场经济发达国家和地区的立法经验和判例学说，但要让其科学地规范我国市场经济建设中大量的经济行为并同国际惯例接轨，仍亟需改进和完善。

A comparative study of the differences in offer and acceptance between China's and US contract laws

Offer and acceptance are among the many essentials of a valid contract. In this paper the relevant legal provisions for these two essentials in the Contract law of the Republic of People's China are compared with those in the Uniform Commercial Code of the United States and other common laws, and results Obtained are evaluated. It is pointed out that although China had consulted the legislative thinking and case study from countries and regions with developed marked econnomy before stipulating relevant provisions for the two in China's Contract Law, there still exists a gap for China to bridge while standardizing scientifically the many economic behaviors occurring in domestic market economy and coming up to the same par with international practice.