The Rule Of Laesio Enormis And Restructuringthe Obvious Unfairness System Of China's Civil Law

The rule of laesio enormis derives from later period of ancient Roman law .In view of its value on reflecting fair and guaranteeing substantial justice , the rule of laesio enormis has evolute into the obvious unfairness system which is accepted by most of countries ,these countries formulate different legislations in the light of their different historical situations. At present, China are in the periods of developing socialist market economy. Pushed by economic interests, wucherisches geschaft and monopoly beheaviors emerge in an endless stream, which not only influence China's economic building, but also disturb social order, impair the legal interestofthe weak groupssuch as consumers, therefore, standarding wucherisches geschaft has become a task of top priority . China's cival law follows the rule of laesio enormis of Roman law and establishs the obvious unfairness system, but because of inexplicit constituting factors, the obvious unfairness system has lead to the turmoil in justice practice . The constituting factors of the obvious unfairness is classified subjective loss theory, objective loss theory and unified subjective and objective theory, with respective advantage and disadvantage .Consequently, the author hold that we should study the advanced legislation of foreign countries, draw lesson from the theory of justum pretium , introduce objective loss theory of the rule of laesio enormis and restructure China's obvious unfairness system. For achieving the value of safeguarding fair , justice and protecting the interest of the weak group, we should stipulate different obvious unfairness system respectively in the civil law and other speciality law, meanwhile, according to different situations, provides different judgement criterion .