Research On The Comparative Of Termination System Of Contracts Between China And Britain

Whether the termination system of contracts have been consummated can directly affects the stability of a country's market order. During the time carrying out the contract, the contract may be rescinded due to some accidents. In this condition, it will be very important to balance the interests between the parties. Therefore, consummating of the termination system of contracts will not only have a positive impact on the country's market order, but also maximize the embodiment of people oriented concept.In this paper, the similarities and differences have been found through the comparing of the termination system of contracts between China and Britain. Then the"bright spot"in the termination system of contracts of Britain can be learned, and proposed to provide some meaningful insight for our country.Comparative research method was used as the central research method in this paper. Firstly, the history of the termination system and the related concepts of contracts of China and Britain was studied, thus the termination system of contracts of the two countries can be totally compreheneded through comparative analysis. Secondly, the types of termination of contracts was compared between the two countries. On the one hand, the author analysed the two countries'termination system of contracts in the point of protocol termination . In this part, the author compared in the two aspects of condition and programme of protocol termination in two countries, and put forward to their own common ground and difference; On the other hand, the author analysed the two countries'termination system of contracts in the point of legal termination. In this part, the author analysed mainly in the two aspects of condition and programme of legal termination, and put forward to their own common ground and difference; Thirdly, the author contrasted the legal consequences of the termination of contracts in the two countries. In this part, the author dissertated in two aspects, including the termination of contracts and the retroactivity of it, termination of contracts and the compensation, and put forward to their own common ground and difference.Fourthly, on the basis of the comparison between termination system of contracts of the two countries, the author point out the main reason of the differences existing between the two countries'termination system of contracts, then the author summarized the"spot lights"of Britain termination system of contracts that are available to our country. Finally, the author put forward some feasible suggestion to consummate our country's termination system of contracts, hoping to advance the termination system of contracts of China.