On China's Civil Law System On Non Change Construction

This paper is divided into five. The first part of the introduction of violations through the history of the system change, change that violations of the legislation is an irreversible trend in contemporary China and France. Although the development of violations of changes in the history of mankind during the disaster, the disaster is not alone in the applicable period, China's legislation has not yet been formally established cases of system changes, there are also many theorists contend, in this context, the author of Writing on the scope and general idea.The second part of the change point to cases, the violations through changes connotation and extension of, changes in the definition that violations. On this basis, and the force majeure, commercial risk Discrimination compared to its On-line.The third part introduces the civil law, common law violations related to the change of system theory, by comparison, pointing out that both the common law of contracts or civil violations dashed change, to limit the "contract must strictly uphold" the principle of cost effectiveness, and equity interests of the parties, the pursuit of real fair contract.The fourth part of the system changes on the theory of violations of the "principle and system of dispute," "theoretical basis for the dispute," "nature of the right to fight" fully discussed my views: violations narrow legislation to change the legal system (the rule of law) positioning more scientific and theoretical basis to The principle of faith more reasonable, the right to request the right to be positioning. Cases also introduced changes in the relevant judicial practice.The fifth part focuses on violations in the system of legislative change on the basis of need, the authors proceed from the practice of past changes in the draft legislation related violations were inadequate assessment, and focus on cases of legislative changes in the pattern and the position of the Civil Code, the conditions applicable cases change the system design, system changes applicable violations legal consequences of design, system supporting change violations of procedures designed to build China's civil law system on the violations of a number of changes envisaged.