On Offset System

Aiming at the imperfect situation of the Chinese offset system, the thesis deals with the topic from four parts: the basic theories of offset, the comparative study of offset, its present situation in China and how to improve the system, hoping the system will be improved in the future.The first part is mainly about the basic theories of offset, including its concept, explanation, classification, condition, methods and effects. In this part, a general method is adopted. Meanwhile, a comparative study is also employed to show the author's standpoint and the reasons why the choices are made.The second part focuses on the comparative study of the offset system. In this part, French civil code, Italian civil code, German civil code, Japanese civil code and Taiwanese civil code are taken as examples to show the differences in classification, condition, forbiddance, offset concerning the third party, effects, other rules, etc. From the comparison some conclusion can be made as to what should be made use of and what should be abolished.The third part analyzes the present situation of the Chinese offset situation, and points out that the offset system mainly exists in two relevant provisions in Chinese Contract Law. In spite of this, it only sets general requirements for offset without a complete system. This is reflected in the fact that in practice there are no related definite rules, therefore, the offset system is in turmoil.The fourth part is a deep thinking on how to perfect the offset system in China. Taking the drafts by Mr. Liang Huixing and Mr. Wang Liming as reference, an analysis is made about the offset system. It is held that construction of the system has attracted the attention of scholars and a full consideration has been given to the legislative level. There are some differences on the provisions of the drafts, and at the same time, there is also something in common. Personal views are expressed concerning the above-mentioned problems, i.e., Mr. Liang's draft is desirable, but people may refer to other relevant provisions of the corresponding draft supplement.